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Right of way

Not sure which section to put this under....if someone wants to move it or tell me where it should go. Thanks

I have some land that a guy has a right of way over to his house down my private drive, which leads to my land  He has applied for planning, to build on his garden.  If he sells this off as a plot, surely the right of way is not just automatically given to the new plot ? It only applies to the original property shown on the TP1....?

Comments

  • silvercar
    silvercar Posts: 50,797 Ambassador
    Part of the Furniture 10,000 Posts Academoney Grad Name Dropper
    You need to quote the wording on the right of way on your deeds.
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  • Dustyevsky
    Dustyevsky Posts: 3,104 Forumite
    1,000 Posts Third Anniversary Homepage Hero Photogenic
    It's often the case that the RoW runs with the land, in which case it transfers to any property built on it. That's the case with my land, and the current owners of the road are hating it!
    But the devil will be in the detail of the wording on your/his title documents and any supporting plan.

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  • JuzaMum
    JuzaMum Posts: 785 Forumite
    Part of the Furniture 500 Posts Name Dropper Photogenic
    You can download the neighbours deeds (I think it is £3) and see what they say. 
  • Dustyevsky
    Dustyevsky Posts: 3,104 Forumite
    1,000 Posts Third Anniversary Homepage Hero Photogenic
    edited 20 April 2023 at 9:13AM
    JuzaMum said:
    You can download the neighbours deeds (I think it is £3) and see what they say. 
    Yes, I should have said that; it's £3 per title document or plan.
    Doesn't mean the readers will necessarily believe what they see. Ours are still trying to argue it must have 'elapsed' or 'become redundant!' :D


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  • user1977
    user1977 Posts: 19,503 Forumite
    Eighth Anniversary 10,000 Posts Photogenic Name Dropper
    tomo13 said:
    Not sure which section to put this under....if someone wants to move it or tell me where it should go. Thanks

    I have some land that a guy has a right of way over to his house down my private drive, which leads to my land  He has applied for planning, to build on his garden.  If he sells this off as a plot, surely the right of way is not just automatically given to the new plot ? It only applies to the original property shown on the TP1....?
    Doesn't the original property include the area he's planning to build on? If so then no, the right of way runs with the land, no matter what he builds on it. Though the rights might be limited in some way.

    Or are you saying it's only the existing house which has the RoW, and this development land is a separate plot which doesn't have the RoW registered against it?
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