How to deal with appurtenant easement over 3rd party land when splitting title deeds

[April27]

Good afternoon and thank you for taking the time to read this, I hope I'm using the correct terminology. A piece of UK agricultural land I own has a 'Right of access' over neighbouring land, this was written in the deeds over 50 years ago when the combined land was split between 2 parties.

Now my land is also being split, with me retaining some under the same title and another family member having the remainder on a new title. This is being dealt with by our respective solicitor's but even so there seems to be a stumbling block over the existing 'Right of access' over 3rd party land. The solicitor's don't seem to agree about how to deal with it, this is further complicated as the relative taking the new title has many years experience as a solicitor's secretary and thinks she knows what's is correct!

She is insisting on a paragraph in the transfer document granting them the 'Right of access' and signed by myself.

My take on this is ,I don't own the 3rd party land therefore don't have the legal right to grant access, so it would be worthless. From what I've read on the internet the 'Right of access' will automatically apply to both the existing title and new title, am I right?

Any helpful comments much appreciated.

[atticus]

Over what land does your relly want a right of access?

[April27]

Over what land does your relly want a right of access?

It's the only access to the land. To be clear there's never been any issue with access, the question relates purely to the splitting of the title.

[atticus]

do you mean the neighbours land that you do not own and over which you have no power to grant rights of access?

[April27]

do you mean the neighbours land that you do not own and over which you have no power to grant rights of access?

Correct, it's the neighbour's land

[atticus]

Then you can say that you are sorry but you cannot grant that right of access as it is not within your power to do so.

[April27]

Then you can say that you are sorry but you cannot grant that right of access as it is not within your power to do so.

Thank you. Am I correct that as the 'right of access' belongs with 'the the land', when part of the land moves onto a separate new title 'the right of access automatically applies to the new title?

[atticus]

I do not know. Your solicitor shoud be able to advise.