Accessing Your Own Land

Prior to the introduction of revised procedures (set out in regulations under Section 68 of the Countryside and Rights of Way Act 2000, which came into effect in July 2002), people who had to cross common land in order to reach their homes were sometimes denied the right of access to their own property, due to an anomaly in the law. In order to gain access, it was necessary for them to obtain an 'easement' from the owner of the common land. This could be very expensive for the person needing the right of access.

Under the revised rules, the right of easement is now statutory and, provided the relevant conditions are met and procedures complied with, the owners of the common land cannot object. In return they will be paid as follows:

  • 0.25% of the value of the premises if these came into being before 1 January 1906;
  • 0.5% of the value of the premises, if they came into being between 1 January 1906 and 1 December 1930; and
  • 2% of the value of the premises if they came into being on or after 1 December 1930.

Once payment has been made, the right of access will continue in perpetuity.

If you need to secure access to your property, these regulations may help you. The creation of a permanent right to have vehicular access to your property is likely to make its eventual resale easier and quicker to achieve. We can help you complete the necessary procedures.
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Caroline Hume
Partner and Head of Residential Property
T: 01908 304560(DDI)
E:
The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.

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