Header Ad Module

Collapse

Announcement

Collapse
No announcement yet.

Right of Way question

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

  • Right of Way question

    I have a property that is accessed via a legal Right of Way, which is shared by about 6 others. The Right of Way is approx 300m long and there are various other properties that also have common boundaries along the Right of Way but no legal access. (They access their land from another road.)

    My questions are:

    1) Is it possible for one of these 'other' property owners to gain legal access to the Right of Way?

    2) If the answer is yes, how can this be achieved?

    3) Can it be done by a separate agreement between the existing land owners and the 'other' property owner or is it more complex than that?

  • #2
    1/ By agreement they can
    2/ a land surveyor and lawyer should be able to sort out the agreement and get it registered. I would think that all the owners of the land would have to agree.
    So a lot would depend on how the existing ROW is structured. ie A owns the land and all the others have legal roght of way over the land then A is the one who has to agree.
    But if A to F own 1/6th of the land each and grant each other access then all 6 would have to agree.
    Lawyer time.

    Comment


    • #3
      I'd have a side agreement where those who stand to benefit pay all costs from the exercise, including yours.
      Free online Property Investment Course from iFindProperty, a residential investment property agency.

      Comment


      • #4
        What would/could be the implications of a handshake agreement, to grant access to the Right of Way? Is this adviseable? What could go wrong?

        Comment


        • #5
          Originally posted by Nick G View Post
          I'd have a side agreement where those who stand to benefit pay all costs from the exercise, including yours.
          Excellent call. A must as you'd be making the driveway more crowded. What a pain too. In fact get the "other" property owners (the extras that will soon benefit from the the access) to do all the legal/surveying work - then they get the bills.

          Also, arranging garden maintenance on the drive can be a pain, getting everyone to chip in on the costs.

          Comment


          • #6
            Originally posted by Aston View Post
            What would/could be the implications of a handshake agreement, to grant access to the Right of Way? Is this adviseable? What could go wrong?
            Not permanent. Not gauranteed. Not advisable (for the newbie wanting the access). If one of the original "6 others" later decided they didn't want the new neighbours using it they could put a stop to it immediately.
            Why would you want to open it up to extras? I'd want something in return if it were me.

            Comment

            Working...
            X