Access to my cottage

Val75

Have to go over small muddy area just off the road with access to farmer's field on one side, and gate to my garden on other side. Only recently bought the property.
It seems I have to pay a yearly fee to park on this bit of land, or I can open up room in my garden through my gate, however, can they charge me for access to my garden as I have to use this bit of land to access it, it did not show up in the searches.


Thank you

moneyistooshorttomention

What is the exact wording in your Deeds about Right of Way over this bit of land?

tonyh66

your solicitor hasn't done a very good job, if you were unaware of this before you bought it.

Val75

Thank you, will give solicitor a ring and hope it is free!!
Also will look through the Deeds, thanks again. Much appreciated.

Davesnave

This depends entirely on what your title documents say about access, and if the mode of travel isn't mentioned, how bolshy the landowner is.

If your title docs say something like: "access at all times and for all purposes" you're covered, as one of the purposes would be to drive a vehicle onto the site. That's what my title says.

The landowner might assume access must be on foot, because no one has used a vehicle before. Regardles of whether this would be right or not, if you're hoping to drive in during the winter months, the area could become impassable without a proper stoned roadway. You'll not be able to create that without permission.

So this could be a can of worms!

Also there's the council's Highways Department to consult. While the farmer might have a field gate, that in doesn't act as a precedent for you to create a second vehicular access. They will want to ensure it's safe, so you'd need their permission.

System

Also depends on width of gate. If it is only pedestrian width then it's a solid assumption that access would be on foot or with whatever will fit through the gate and not vehicular

moneyistooshorttomention

1. Who told you a yearly fee is payable? Did they have anything in writing to back that up?

2. What did the previous owner/s do re this access?

Davesnave

!!!!!! wrote: »

Also depends on width of gate. If it is only pedestrian width then it's a solid assumption that access would be on foot or with whatever will fit through the gate and not vehicular

Not always. I have a pedestrian gate which is shown as a vehicular entrance on my title plan. At some time in the last 20 years, a new driveway was constructed, but you'd never know this from observation alone.

As a right of way can't be extinguished by non-use, some people will get a shock when this entrance is enlarged, probably very early one Sunday morning......;)

Ozzuk

You need to talk to your solicitor - this could be very easy to sort out or very difficult. You can check your title plan for any easements - you could also download your neighbours plans to check.

Worst case you have been given access to 'park' only as a separate agreement in which case you'll have no rights to use as access and the landowner doesn't have to grant them. Your solicitor should have explained all this to you - get them to sort it out including potentially having to swallow any costs, if they don't then you can potentially sue them (I've done this successfully using house legal cover).

Hopefully it will be the easier path though...good luck!