Right of access - hypothetical legal question

HugoSP

Property B has a vehicular right of access over land owned by property A.

Property A wants to build/extend on the land it owns and that the right of access is over and can do this without actually impeding right of access as the extension would not create a bottleneck in the access route.

There is still a narrower area of the right of access further up that limits the size of vehicles that can physically pass, so the proposed extension would have no impact on the size of vehicle that could use the right of access.

Is Property A placing itself in a difficult situation or is the fact that access is clearly not being impeded a suitable defence?

Thanks

Debt_Free_Chick

HugoSP wrote:

Property A wants to build/extend on the land it owns and that the right of access is over ...

It would seem that the owner of property B would have right of access over the new extension/building.

The best bet is for both owners to agree a new right of access and for the covenant in the deeds to be amended (by their solicitors).

going2die_rich

But you'd have to pay the bill for Property B's solicitor