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  • FIRST POST
    • Gramsie
    • By Gramsie 9th Apr 18, 10:03 PM
    • 2Posts
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    Gramsie
    Right of Access
    • #1
    • 9th Apr 18, 10:03 PM
    Right of Access 9th Apr 18 at 10:03 PM
    If the owner of a property has right of access over a private road that has been granted by deed, would any subsequent owner of the property automatically get right of access or would they also need it granted by deed?
Page 1
    • ProDave
    • By ProDave 9th Apr 18, 10:09 PM
    • 1,061 Posts
    • 1,311 Thanks
    ProDave
    • #2
    • 9th Apr 18, 10:09 PM
    • #2
    • 9th Apr 18, 10:09 PM
    It depends on the wording. It normally passes to a new owner.
    • G_M
    • By G_M 10th Apr 18, 12:07 AM
    • 45,332 Posts
    • 54,346 Thanks
    G_M
    • #3
    • 10th Apr 18, 12:07 AM
    • #3
    • 10th Apr 18, 12:07 AM
    depens entrely how the ROA was created, the specific terms, whether it was for a named individual or a property owner, etc etc.

    Not nearly enough information provided.
    • moneyistooshorttomention
    • By moneyistooshorttomention 10th Apr 18, 6:21 AM
    • 16,613 Posts
    • 45,873 Thanks
    moneyistooshorttomention
    • #4
    • 10th Apr 18, 6:21 AM
    • #4
    • 10th Apr 18, 6:21 AM
    Basically yes.

    Think the wording "in perpetuity" is what needs to be down there and that equals = forever and ever amen stuff in effect.
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    • Davesnave
    • By Davesnave 10th Apr 18, 6:27 AM
    • 26,167 Posts
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    Davesnave
    • #5
    • 10th Apr 18, 6:27 AM
    • #5
    • 10th Apr 18, 6:27 AM
    Think the wording "in perpetuity" is what needs to be down there .
    Originally posted by moneyistooshorttomention
    Nope..........
    A garden is never so good as it will be next year....
    • moneyistooshorttomention
    • By moneyistooshorttomention 10th Apr 18, 6:31 AM
    • 16,613 Posts
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    moneyistooshorttomention
    • #6
    • 10th Apr 18, 6:31 AM
    • #6
    • 10th Apr 18, 6:31 AM
    It's certainly something along the lines of making sure the "successor in title" gets that right passed onto them - from memory of what my own says to make it plain that it's my house that has that right and not just the first owner of my house - without hauling out my box of paperwork on this house to check the exact wording.
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    • Gramsie
    • By Gramsie 10th Apr 18, 7:34 AM
    • 2 Posts
    • 0 Thanks
    Gramsie
    • #7
    • 10th Apr 18, 7:34 AM
    • #7
    • 10th Apr 18, 7:34 AM
    "The land has the benefit of a right of way for all purposes over the private road leading from A to B"

    Presumably this wording as not specific to owner passes on?
    • Davesnave
    • By Davesnave 10th Apr 18, 7:47 AM
    • 26,167 Posts
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    Davesnave
    • #8
    • 10th Apr 18, 7:47 AM
    • #8
    • 10th Apr 18, 7:47 AM
    "The land has the benefit of a right of way for all purposes over the private road leading from A to B"

    Presumably this wording as not specific to owner passes on?
    Originally posted by Gramsie
    This would suggest that the right runs with the land, not a specific owner.

    It would satisfy me at an initial enquiry stage, but I'd still want to look at the whole title document and put this in context with a solicitor before purchase.
    A garden is never so good as it will be next year....
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