right of way isues

yukonman

Registered User
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Hi all im wondering if anyone can shed some light, my family has been left the family home with some land. The will gave me the house with a brother got a three acre field.
the entrance to this field is from driveway to house but field has 400 metres of road frontage.
Question is am i obligrd to give him a right of way.
Many thanks guys.
 
Before you consider the strict legalities (which might not be straightforward) I suggest you give some thought to what was intended by the person making the will.
 
My mother made will in a hurry as was ill. Field was given an "easement for
services". More to point i realy dont want this field to be developed into a housing estate using my entrance or driveway.
thanks for your reply
 
You should be able to check whether there is an existing right of way. If not, come to an agreement with your brother on access but have it written up by a solicitor so there no misunderstanding in the future.
 
Field was given an "easement for
services".

What does this mean? If your brother does not have a right of access to the field are you willing to grant him one, for just a single house? What makes you think he wants to build a housing estate?
 
I'd suggest buying the 3 acres off your brother even if it costs a bit over the odds.
Simple solution.
 
Easement is similar to a right of way im led to believe .ie easement of way. The easement is on my property to allow him to get planning. I cannot afford to buy field. And my brother wishes to maxamise what he cam get fo r itas is his right.
 
A right of way is a type of easement. A right to run water (wayleave) is another. There are specific legal requirements for an easement to exist, but I'm not going to bore you with a land law lecture.

An easement for services sounds like it may be intended for water, septic tank, electricity, or something like that. You need specific advice from a competent solicitor on that.

However, it sounds like your concern is that if you grant him a right of way, can he use it to build a small housing estate, with all the houses using this right of way. It's a situation that happens frequently enough, so you're right to be wary.

You can limit the risk by granting a right for the benefit of a single dwelling house only, or only granting it for the benefit of the part of the field he is applying for planning permission on, or alternatively by granting a licence rather than an easement.

It's a technical legal area, but a decent solicitor should be able to advise you, and draft a suitable deed, granting the right, but limiting the risk to you.
 
Many thanks j26 for the clear and pertinent answer.That is my main concern.One more question if i may, do i have to grant him any right of way specificaly as there would be enough road frontage to put in his own entrance
 
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