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Thread: Access over private land to private land.

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  1. #10
    Member GravelBen's Avatar
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    Aug 2012
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    If the access is a legal right of way easement then unless the terms of the easement specifically exclude firearms they have no legal right to say whether you can or not. You would have to get the legal document and check that to be sure, but I've never seen one personally that does exclude them. Here are the standard rights that apply if they are not modified by a specific easement instrument:


    Quote Originally Posted by Property Law Act 2007

    Schedule 5 - Covenants implied in grants of vehicular rights of way

    The grantor and the grantee of a vehicular right of way covenant with one another as follows:

    1. Right to pass and re-pass

    (1) The grantee and the grantor have (in common with one another) the right to go, pass, and re-pass over and along the land over which the right of way is granted.

    (2) That right to go, pass, and re-pass is exercisable at all times, by day and by night, and is exercisable with or without vehicles, machinery, and equipment of any kind.

    (3) In this clause, the grantee and the grantor include agents, contractors, employees, invitees, licensees, and tenants of the grantee or the grantor.
    Quote Originally Posted by Land Transfer Regulations 2002

    Schedule 4 - Rights and powers implied in easements

    6 Rights of way

    (1) A right of way includes the right for the grantee in common with the grantor and other persons to whom the grantor may grant similar rights, at all times, to go over and along the easement facility.

    (2) The right to go over and along the easement facility includes the right to go over and along the easement facility with or without any kind of—
    (a) vehicle, machinery, or implement
    ; or
    (b)domestic animal or (if the servient land is rural land) farm animal.

    (3) A right of way includes—
    (a) the right to establish a driveway, to repair and maintain an existing driveway, and (if necessary for any of those purposes) to alter the state of the land over
    which the easement is granted; and
    (b)the right to have the easement facility kept clear at all times of obstructions (whether caused by parked vehicles, deposit of materials, or unreasonable
    impediment) to the use and enjoyment of the driveway.

    But as Zimmer said, try the friendly approach first as they'll still be the neighbours and you still want to get on with them.
    Last edited by GravelBen; 25-03-2017 at 12:13 PM.

 

 

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