Right of way query.....

[Hebog2020]

Hello, new member with a query in regards to right of way. ......which states “excepting and reserving unto the transferor in fee simple for the benefit of the retained land a full right of way at all times and for all purposes”. Does this ROW apply only to the transferor of the land himself .......or can his family, friends, tenants, or anyone he nominates come through? Also does the right continue in his family after his death or If he sells the “retained land” ? Many thanks.

[R0b]

A right of way is typically known as an easement and unless they are qualified in some way, are usually binding on successors in title.

Whether or not friends and family or other third parties depends on the context of the right of way and the intention of the parties at the time when it was drafted. For example, if the right of way is to enable you to access your property by passing over a neighbour's land, then it is likely to be assumed that others can do the same provided that it is in accordance with the intended purpose of the right of way.

[Hebog2020]

Dear Rob, many thanks for your reply.
The ROW passes through my garden to a field owned by my neighbour (the Transferor, a retired farmer). There are three other access gates into the field leading direct from the public road, and so this access has been retained in addition to these 3 others, presumably as a precautionary insurance in case for some reason the other accesses get blocked or something. The Transferor has adult children and grandchildren living and working locally and he has rented the field to a farmer. The ROW across my property is not a problem at the moment because to be fair it is rarely used and it was made clear to me when I purchased the property.........but just curious as to how much of a circus it could potentially be if they all wanted to exercise the right?

The intended purpose of the right of way was for the Transferor "for the benefit of the retained land", to be able to access his field on foot or in a vehicle, with or without livestock of any kind, at any time for all purposes.......and in this context am I right in thinking that the ROW applies to the Transferor, his family, tenant or whoever he wants, that needs to access the field via my garden, and that the Right will pass on to his successors when he dies??
Thanks again for your interest.

[des8]

The right of way attaches to the land, not the persons, and that wording does provide for "all purposes" so yes, the lord mayor and his entourage could use it to access that field at the owners invitation