right of access

Discussion in 'Tenant Farming, Subsidies, BPS & Legal Issues' started by Flat 10, Jan 15, 2019.

  1. Flat 10

    Flat 10 Member

    Location:
    Fen Edge
    Bit theoretical here but suppose you own field A which has access through a farmyard now sold off (dumb move but hey) and the new owners of the yard are a bit grumbly (as they always are) but are ok with the situation (as they should be). Now what happens if field B adjacent to field A (but beyond it) become available to buy/let and you want to access it through field A? Are you allowed? (I suspect not). I appreciate this is a bit vague so sorry. I guess would depend on wording of the document.
     
  2. spin cycle

    spin cycle Member

    Location:
    north norfolk
    don't see why not.....field A is yours to access for your business....if that business includes field b the so be it?
     
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  3. idgni

    idgni Member

    Location:
    Armagh
    did field A and B once belong to the same person?,
    you'll probably find your easement state something like " access to and from blah blah blah the land of "A Smith" or who thereafter purchases said land, blah blah Blah......."
    in that case if originally owned by same person you can access both so long as not clearly defined as a specific field, in which case the link attached explains the rules.

    https://www.bsdr.com/publication/easements-accessing-additional-land/
     
    Flat 10 likes this.
  4. fieldfarmer

    fieldfarmer Member

    In my experience unfortunately not. the access is for field A only.
     
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  5. spin cycle

    spin cycle Member

    Location:
    north norfolk
    oh:(
     
  6. Purli R

    Purli R Member

  7. Andy26

    Andy26 Moderator

    Location:
    Northants
    No you cannot use one access as a bridge to another land parcel.
     
  8. Surely, once you have entered field A with intention of going about your lawful activities, if you then happen to wander into an adjacent field you happen to own are you saying that is not allowed?
     
  9. fieldfarmer

    fieldfarmer Member

    You will have trespass to get there! Took a good solicitor a few attempts to get me to under stand.
    edit , ( shared lane.)
     
  10. Even if you own field a and have right to enter it?
     
    spin cycle likes this.
  11. fieldfarmer

    fieldfarmer Member

    yes, I was told I had the right to use a shared drive to enter field A that I had bought, a few years later I bought the remainder of field A from the same seller but if I went from my first bit of land to the second part of the same field I would have trespass down the lane to get there, how it would be policed I don't know, we just got the new bit put on a convent that allowed the use of the drive.
    Edit, ( the seller owned the drive)
     
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  12. Dry Rot

    Dry Rot Member

    Location:
    Scotland
    Yes, by going beyond field A you are increasing the use. Just as if you have an eavement to go into field A, presumably with agricultural eequipment, and started to invite the public in (say you created a camping site) or use field A for manoevers with army tanks! You would be changing the use of the access.

    The problem was discussed about my access over neighbour's land when I started selling pet food. Solicitor said I'd probably get away with it as, many years ago, I got PP for a kennels which would indicate that I'd be inviting the public to visit and use the road. As the landowner had made no objections, the use had become established....I think! It's never been challenged anyway. But interesting.

    So, just do it and hope it becomes established use over time?
     
  13. Every day is a school day - thanks
     
  14. cvx175

    cvx175 Member

    Location:
    cumbria
    In that case would a few hours with a digger removing the hedge between field A & field B be allowed as you're only accessing field A its just grown a bit?
     
  15. Andy26

    Andy26 Moderator

    Location:
    Northants
    No, when you buy field B you know the score, either don't buy it or agree a new easement with the servient owner of the access.

    Field B must have its own access somewhere.
     
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  16. Surgery

    Surgery Member

    Location:
    Oxford
    As you say it must have access somewhere else otherwise is worthless
     
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  17. fieldfarmer

    fieldfarmer Member

    In my case field A was 35 acres but the owner kept back 8 behind his house, when I bought that bit a few yrs later I had to ensure I had leagle access. This was all in the same field.
     
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  18. Exfarmer

    Exfarmer Member

    Location:
    Bury St Edmunds
    I think it would depend very much on the wording of the covenant. if it was specifically to the field X or was dirt to land behind
     
    Flat 10 likes this.
  19. Alfred

    Alfred Member

    You can not legally access field B over field A ,unless you own the right of way yourself.
    Field B must already have its own access ?

    Your convenience of using field A to gain access to field B is not allowed unless under agreement with the owners of the right of way .
    Any half witted baraster would soon get you stopped under "enlargement of use , beyond your legal right of way .
    He might even be able to argue and extinguish your current right of way, seeing as you could also now access field A from field B instead of enlarging your right of way .
    Things can work both ways remember !!
     
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  20. chaffcutter

    chaffcutter Moderator

    Location:
    S. Staffs
    I have recently been told that it is now impossible for a piece of land to become inaccessible due to it being ‘landlocked’ by adjoining properties, how does this square with the quoted article above?
     

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