Right of access to plot

[JackOrion]

We’re looking to buy a plot of land with a shared driveway. The driveway to the plot is on a neighbour’s land.

 

In the deeds it is stated that: "The transferor hereby reserves a right of access with or without vehicles over the roadway now or to be constructed shown colored blue on the plan in order to access the retained land." (the seller previously sold part of their land to the neighbour, and this agreement was made then)

 

Our solicitor is questioning this as it does not specifically grant rights of access for the purpose of work vehicles whilst a house is being built. Is this a valid concern? Could the neighbours potentially block access to work vehicles? I would have thought that the wording 'access with or without vehicles' would be a catch all.

 

Does anyone have any experience of a similar scenario?

Edited July 9, 2018 by JackOrion

[Jeremy Harris]

As well as work vehicles is there also an issue with access to services?  Will things like the foul drain, water supply, electricity supply and phone cable have to run under/over the neighbours land?  If so they need to be covered too.

[JackOrion]

1 minute ago, JSHarris said:

As well as work vehicles is there also an issue with access to services?  Will things like the foul drain, water supply, electricity supply and phone cable have to run under/over the neighbours land?  If so they need to be covered too.

 

No all services are covered, it's essentially a serviced plot and the service connections don't run under or over the neighbour's land... which makes the question mark over driveway access all the more confusing. It's the only feasible vehicular access too.

[PeterW]

So the access wording is to the land, not a house, so the solicitor can stand down...

 

The issue is the wayleaves and easements to get services on site which is what @JSHarris rightly refers to.

 

 

[Jeremy Harris]

I would read that clause as being general, as it doesn't specify only vehicles belonging to the owner. just any vehicles needed to access the land

[ProDave]

I see no mention of the right of access  being passed down to successive owners? Normally that is explicitly stated.

[Ferdinand]

1 hour ago, JackOrion said:

We’re looking to buy a plot of land with a shared driveway. The driveway to the plot is on a neighbour’s land.

 

In the deeds it is stated that: "The transferor hereby reserves a right of access with or without vehicles over the roadway now or to be constructed shown colored blue on the plan in order to access the retained land." (the seller previously sold part of their land to the neighbour, and this agreement was made then)

 

Our solicitor is questioning this as it does not specifically grant rights of access for the purpose of work vehicles whilst a house is being built. Is this a valid concern? Could the neighbours potentially block access to work vehicles? I would have thought that the wording 'access with or without vehicles' would be a catch all.

 

Does anyone have any experience of a similar scenario?

 

That looks totally open ended to me, unless there are other clauses or definitions, so you could take the space shuttle down there on a low loader in order to BBQ an elephant.

 

F 

Edited July 9, 2018 by Ferdinand

[JackOrion]

29 minutes ago, ProDave said:

I see no mention of the right of access  being passed down to successive owners? Normally that is explicitly stated.

 

 

Good point, we already checked this and the right of access definitely runs with the land – the question mark was just whether there was a restriction on the access depending on what we needed it for... From the opinions expressed so far, it appears not!

 

Edited July 9, 2018 by JackOrion