Access to land - installing a gate

Snorkster

Hi,
Just wondering where we stand in terms of creating access to an otherwise "land locked" field with no other type of access.

We are considering buying a couple of acres of land from our farmer neighbour. The only way to access the land would be by installing a gate from our share private driveway. There is a gap in the hedging and broken old stock fencing which needs replacing upon land purchase, so would form an ideal place for the gate. We would have to cross a small section of grass (approx 1m) from the gravel driveway to access the gate.

Our house is directly opposite and we own a share of the shared private driveway.

What I'm asking is, are we within our rights to put in a gate and start accessing the field? Or do we need to seek permission from the other residents who also have a share in the private driveway?

Any thoughts on this much appreciated.

Ozzuk

I don't see any issue if you own it - no easement needed for instance (as it would be invalid), however it would depend on any contract/title terms/covenenants that you may have.

Snorkster

So if we did put the gate in and start using it as access, where would we stand if some neighbours decided to put something in the way of the gate to prevent our access. Is that illegal?

Comms69

Snorkster wrote: »

So if we did put the gate in and start using it as access, where would we stand if some neighbours decided to put something in the way of the gate to prevent our access. Is that illegal?

What is your relationship with neighbours like?

AdrianC

The shared drive edges RIGHT onto the boundary hedge, which belongs to the field owner?

You're one of the shared drive owners, AND you're the field owner?

eddddy

What do you mean by this?

Snorkster wrote: »

...we own a share of the shared private driveway.

For example:

• Are you a joint owner of the land that the driveway sits on?

• Do you own part of the length of the drive (where it passes over your land)?

• Do you own part of the width of the drive (the part that is on your land)?

Also...

Snorkster wrote: »

We would have to cross a small section of grass (approx 1m) from the gravel driveway to access the gate.

Who owns that section of grass?

Snorkster

One of the neighbours is HORRIBLE (understatement). A real nasty piece of work. A couple of busybodies and the rest are normal. We get on with them all except the horrid one.

Hoping to be the field owner, and yes one of the share driveway owners.

There is 16 of us and need a 75% majority on any matters involving shared land maintenance (ie decisions on appointing contractors for mowing common land, cess pit pumping etc).

I'm just not sure whether it is even a matter to even bring up with the other neighbours. The fence is on the boundary but owned by the field owner (hopefully soon to be owned by us).

Snorkster

Basically, our houses are old farm house and barn conversions on and old farm site. Each of us property owners have an equal share in the ownership of the common land (ie the grass/garden areas, the driveway etc).

There is a gravel driveway running all the way past our houses and round the back of them (with parking bays off the main driveway stretch). Either side of the driveway area are stretches of grass. No one individual solely owns this land...it is all shared ownership. A bit like a staircase is a shared flat (for want of a better example).

AdrianC

OK, so you jointly own that metre-wide strip of grass.

But do you have a vehicular right of way over it? You do over the driveway itself, but...?

eddddy

Snorkster wrote: »

A bit like a staircase is a shared flat (for want of a better example).

Not really - a staircase in a shared flat will be owned by a freeholder, and the leaseholders (flat owners) have the right to use it.

Snorkster wrote: »

Hoping to be the field owner, and yes one of the share driveway owners.

There is 16 of us and need a 75% majority on any matters involving shared land maintenance (ie decisions on appointing contractors for mowing common land, cess pit pumping etc).

You can't have 16 registered owners for a piece of land - the maximum is 4.

So perhaps the land owned by a management company, and you own a share of the company.

You probably need to read your deeds to see what rights of way (easements) you have over the driveway. For example, it might specifically say that you can use the driveway to access your house (and not to access any other land).

Snorkster

Edddy, we have a management company we set up in which 16 of us are equal shareholders. Our management company owns the land and therefore we all have equal ownership of the land. I've not seen anything in the deeds (which I've read several times) which specifically says we can only use the driveway to access our property.

PS Forget the staircase example - like I say, I was trying to explain the issue more. not inviting nit picking.