Right of way

S J H

Member
Livestock Farmer
Location
Bedfordshire
I would say the ROW goes with the property and probably shouldn't need to involve you legally however, if there is a change of use or a new property and you own the ROW (the other party just has right of access) then as I understand it, you are entitled to a significant payment. Have you got a friendly Land Agent?
Do they exist? ? I’ve had an agent look at it, but will have another look into it, thank you.
 

HolzKopf

Member
Location
Kent&Snuffit
I too agree with those erring caution. You shouldn't have to sign anything. Get it checked out though, there's plenty of ROW lawyers who will help. If it's 'at all times and for all purposes' generally unless there's a clear 'overuse' in the offing - and proving that's like trying to get an elephant to fly' - then the right will pass to the purchaser as a 'successor' even if a new title is formed for the land to be sold.
Pay for the advice yourself unless you have NFU, FSB or other property insurance that covers legal advice
Good luck, I've buckets of experience, plenty of ongoing aggro and a bank account that's tens of thousands lighter fighting just such a threat
 

S J H

Member
Livestock Farmer
Location
Bedfordshire
I too agree with those erring caution. You shouldn't have to sign anything. Get it checked out though, there's plenty of ROW lawyers who will help. If it's 'at all times and for all purposes' generally unless there's a clear 'overuse' in the offing - and proving that's like trying to get an elephant to fly' - then the right will pass to the purchaser as a 'successor' even if a new title is formed for the land to be sold.
Pay for the advice yourself unless you have NFU, FSB or other property insurance that covers legal advice
Good luck, I've buckets of experience, plenty of ongoing aggro and a bank account that's tens of thousands lighter fighting just such a threat

I’m sure that’s how it reads, so that is interesting. Will get onto it on Monday. ?
 

Dry Rot

Member
Livestock Farmer
Do they exist? ? I’ve had an agent look at it, but will have another look into it, thank you.

Yes, fiendly land agents do exist -- when they are working for YOU. If they don't do their job, there is a professional body you can complain to, and they will take matters extremely seriously.
 

Bongodog

Member
If the right of way is assigned to the property, there is no paperwork required, it will be registered to the land and available to the present owner and all future owners. I own land with a right of way to a property, I have never signed anything for the last three changes of ownership, my Dad didn't sign anything for the three or so changes when he was the owner. I just make damn sure to emphasise to each new owner that they have a right of access over the land and nothing else.
 

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