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Right of Way along access track - Can I write my own if I own the track?

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  • Right of Way along access track - Can I write my own if I own the track?

    Hello Folks,

    I own a small piece of land which is divided roughly equally into two Titles at LR. There is an access clause in the Title for the land (A) onto which the access track leads, along the lines of: "for all purposes in connection with the [...] user"; this comes from a conveyance in the 1940's of the property owning the track. The Title for the other [contiguous, adjacent] land (B) has no such clause. To me, this is a non-issue, as I own both pieces of land; however, some residents consider it significant and that I cannot bring a vehicle onto land 'B' via land 'A'.

    If I take ownership of the access track, can I write my own access clause and include it in one or both Title documents? If so, how would I do this?

    Many thanks in advance.
    Tags: None

  • #2


    What you have are two contiguous parcels of land and an easement giving you access to one part.

    If you take advantage of that easement to access parcel A , and then pass to parcel B you could have problems as
    a right of way granted for the benefit of a defined area of land may not be used in substance for accommodating another area of land (Harris v Flower (1904) 74 LJ Ch 127).
    Basically this is because adding to the dominant land will in fact increase the burden on the servient land.
    It will depend on what use you are making of parcel B

    However if you purchase the land over which you have an easement, that easement becomes redundant.
    The owners of dominant and servient land must be different.

    Comment


    • #3
      Originally posted by des8 View Post


      What you have are two contiguous parcels of land and an easement giving you access to one part.

      If you take advantage of that easement to access parcel A , and then pass to parcel B you could have problems as
      a right of way granted for the benefit of a defined area of land may not be used in substance for accommodating another area of land (Harris v Flower (1904) 74 LJ Ch 127).
      Basically this is because adding to the dominant land will in fact increase the burden on the servient land.
      It will depend on what use you are making of parcel B

      However if you purchase the land over which you have an easement, that easement becomes redundant.
      The owners of dominant and servient land must be different.
      Thanks, that's very helpful. Parcel A is agricultural and parcel B is amenity (in terms of use).

      Comment

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