Access to land - installing a gate

Snorkster

Thanks Adrian, there's nothing to say we can't drive on the grass. I have noted that one of the other neighbours (the horrid one) who also owns a bit of adjoining land, scraped away the grass and laid stones so he can use a gate into his additional land. He did this without asking anyone. So my thought is we could do the same. Hmm.

Just an additional point. We will probably only ever want vehicular access on to it once to put the ride on mower on to it. It's not going to be having cars driving on to it. Merely a big field for us to walk our dogs on and to provide a bit of buffer land incase our neighbouring farm is ever sold and we end up with something like an intensive pig farm next door.

Davesnave

Snorkster wrote: »

Thanks Adrian, there's nothing to say we can't drive on the grass.

There's nothing to say you can either

Surely the best way forward would be to ask the Management Committee for permission. They may want to have some say in how the grass is replaced: to what depth and what with. Having vehicles of any sort joining the drive from a field might cause erosion of the surface or spread mud, so these things need consideration.

Snorkster

Thanks Dave, yes, would speak to the management company (ourselves being the directors as well as shareholders). The reason I am asking the question is try and see if it is even necessary to ask...we may well be within our rights just to put a gate in and get on with it. I'd like to know how we stand legally with access rights etc before we even discuss the topic with the management company as a whole. I like to be fully armed with the facts. I guess the only way my questions will get answered is when we speak to our solicitor who has oversight of our deeds and knowledge of the law etc

Davesnave

Snorkster wrote: »

I guess the only way my questions will get answered is when we speak to our solicitor who has oversight of our deeds and knowledge of the law etc

As it happens, we're in a very similar position to you and our deeds state clearly that owners of this property may access their land from the drive at any point. While this would mean crossing a verge we do not own, there's an automatic right of way for any additional access point.

This is probably because we bought the property that the original farmer/landowner retained when he sold the barns and farmhouse to a developer. He wasn't going to leave himself short of options!

We are intending to reinstate an old access blocked-off before we moved here. However, despite having that right of way, we'd still inform the management committee before we start work, just as a matter of courtesy.

Snorkster

Davesnave wrote: »

As it happens, we're in a very similar position to you and our deeds state clearly that owners of this property may access their land from the drive at any point. While this would mean crossing a verge we do not own, there's an automatic right of way for any additional access point.

Ah that's where you are lucky, our deeds don't mention anything about access which is really annoying.

I am wondering whether we could gain an easement "by necessity" as it will be totally landlocked.

I'm now totally confused with all the legal jargon and terminology.For example:
"The land has the benefit of any legal easements reserved by transfers of land removed from the title shown tinted green on the title plan" some punctuation would help with the understanding! lol

silvercar

We once owned (with a lot of neighbours) land in front of two blocks of garages. Due to the layout of the area, one neighbour's back garden was separated by a fence from a part of this land that was accessible by car. He was the only one in this situation as most of the boundaries of this parcel of land had the rear wall of a garage at the bottom of their garden.
He put replaced the fence with gates at the bottom of his garden and put a hard stand area at the rear of the garden and proceeded to use the communally owned land to drive his car over to park at the rear of his garden. Some neighbours decided that he had no right to create an access in this way and would park blocking the access. He lost in the end.

In your situation, if you intended driving access frequently, that would create more wear and tear on the roadway and could inconvenience others. I'm not sure it is as clear cut as saying if you have access rights you can create an entrance.

Davesnave

Snorkster wrote: »

I am wondering whether we could gain an easement "by necessity" as it will be totally landlocked.

I think that would apply if it was your dwelling, and for accesson foot,but a piece of amenity grassland probably wouldn't be regarded in the same way.

The grass edge to the track is like a ransom strip in the sense that you need your rights over it to be clear in law, regardless of what people allow you to do. One day you may wish to sell the property, when others will expect to see evidence that access cannot be withdrawn on a whim. This means a change to the legal documentation.

Grey_Critic

Every so often I read of cases about access to somewhere has been disputed and cost hundreds of thousands in court and legal fees. You need written permission/agreement if you want to avoid such things and it needs to be written into the deeds.

Ozzuk

Is the grass strip on a seperate deed? If so are there access rights on that?

Normally easements don't apply and can't be granted if you own both sets of land, but in this case ownership seems less clear, if the management committee owns it then that might not be the same as you owning it (in legal terms). In that scenario the committee might grant an easement but you might want to get proper legal advice on this.

getmore4less

Snorkster wrote: »

Thanks Adrian, there's nothing to say we can't drive on the grass. I have noted that one of the other neighbours (the horrid one) who also owns a bit of adjoining land, scraped away the grass and laid stones so he can use a gate into his additional land. He did this without asking anyone. So my thought is we could do the same. Hmm.

Just an additional point. We will probably only ever want vehicular access on to it once to put the ride on mower on to it. It's not going to be having cars driving on to it. Merely a big field for us to walk our dogs on and to provide a bit of buffer land incase our neighbouring farm is ever sold and we end up with something like an intensive pig farm next door.

If you are planning to update/repair the fencing anyway one option would be a small pedestrian access gate/stile and a removable bit of fence for anything larger for the odd occasion you need it.

Does any of the new land adjacent to any of your exclusive land(guessing not) could pedestrian access be there.

IT would be fairly easy to construct a bit of fence that looks like a fence from one side but in reality is a hinged gate.

Who owns the hedge that will need the gap in it.


Presumably there is somewhere to store this lawnmower in the field.