Access to land - installing a gate

SmashedAvacado

You need more than written permission here
You need the management company to grant you a legal right - as otherwise the permission could be revoked / not bind successors and your field would be landlocked
The directors of the management company should charge you a fair sum for doing this, and that money would be split between the owners of the company (you included). They have to act in the best interests of shareholders / stakeholders in the company - so not charging you something akin to market value for the access right would potentially put them in breach of their director duties to the company - and could make them liable to shareholders.

You could enter into an option with the management company in advance of acquiring the field to ensure that the right would be granted once you own the field

You should get a lawyer to assist with the documentation of this. The management company will also want to instruct lawyers - and they may well expect you to pay for them.

Mojisola

Snorkster wrote: »

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.

What I'm asking is, are we within our rights to put in a gate and start accessing the field?

Snorkster wrote: »

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.

The other neighbour has set a precedence - if no-one has complained about his usage, why would they complain if you did the same?

chunkytfg

Mojisola wrote: »

The other neighbour has set a precedence - if no-one has complained about his usage, why would they complain if you did the same?

Especially if its the one neighbour who you think is most likely to be the one to object!

Snorkster

Thanks for all of your thoughts on this.

All of the common areas (grass strip/driveway etc) is owned by the management company all on one legal document.

I like the idea of a hinged fence!

Yes-the "horrid" one has set a precedence but he is the one most likely to kick off because he is stupid as well as nasty.

I think we need to speak to the other shareholders/neighbours and explain why we want this land (to protect from futute developments on the neighbouring farm giving us a "buffer zone") as in essence it is also protecting their assets. A potential intensive farm so close next door would certainly have an impact on the value of our properties.

I think a discussion with the solicitor and a discussiom with our other neighbours should hopefully clear this up. Just a shame we cant go ahead and put a gate in anyway-oh well. Will just have to see what happens-no getting excited about a field just yet.

I think

Davesnave

You may find the management committee is receptive to your proposal and willing to grant an easement for a reasonable figure provided legal expenses are defayed.


After all, if they can do this for you, they can then ask your horrid neighbour to go through the same procedure and make a similar contribution!