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Author Topic: Is an Easement required for a Barn Conversion??  (Read 280 times)

bj_cardiff

  • Joined Feb 2017
  • Carmarthenshire
Is an Easement required for a Barn Conversion??
« on: July 17, 2019, 11:45:50 am »
Very general question. If a farm is broken up and the buildings converted into housing do they need to apply for an easement over a privately owned piece of the farm track?

I believe I own a piece of private lane, taken from one of my fields generations ago and running alongside the field. It shows as unregistered with land registry. The farm it leads to changed hands 10 years ago and from a conversation I had with the owners agent, the owner thinks he brought the lane with the farm, although logically, if he had it would not show as unregistered land.
Voss Electric Fence

henchard

  • Joined Dec 2010
  • Carmarthenshire
    • Two Retirees Start a New Life in Wales
    • Facebook
Re: Is an Easement required for a Barn Conversion??
« Reply #1 on: July 17, 2019, 07:03:36 pm »
Very general question. If a farm is broken up and the buildings converted into housing do they need to apply for an easement over a privately owned piece of the farm track?

I believe I own a piece of private lane, taken from one of my fields generations ago and running alongside the field. It shows as unregistered with land registry. The farm it leads to changed hands 10 years ago and from a conversation I had with the owners agent, the owner thinks he brought the lane with the farm, although logically, if he had it would not show as unregistered land.
'I believe I own' is hardly going to cut it in a court of law IMHO. If an access has been used for generations without being contested I would suggest that a right to use it has been established. I'm not a solictor but would suggest that without (and even with) good evidence this could get very costly in legal fees etc.

bj_cardiff

  • Joined Feb 2017
  • Carmarthenshire
Re: Is an Easement required for a Barn Conversion??
« Reply #2 on: July 17, 2019, 08:15:21 pm »
To clarify, the farm has had a right of way/easement over my lane/land for many years and its not anything I would ever contest. If a new build, or barn conversion is built at that farm that would need to use my lane for its access, logic says to me that they would need to purchase an easement from the owner of the lane as it will be a separate property with a separate address.? Just wondering if anyone has had any experience of similar?


henchard

  • Joined Dec 2010
  • Carmarthenshire
    • Two Retirees Start a New Life in Wales
    • Facebook
Re: Is an Easement required for a Barn Conversion??
« Reply #3 on: July 18, 2019, 08:00:40 pm »
Maybe have a look at Davill v Pull 2009

http://www.bailii.org/ew/cases/EWCA/Civ/2009/1309.htm
Summary

There was no reason to infer any restriction on a right of way for "all reasonable and usual purposes" so as to limit its use to purposes in connection with the original use of the dominant land. Accordingly, although the plots were used as garden land at the time of the grant, it was now entirely "reasonable and usual" to use them for the building and occupation of houses and the right of way could be used to access those houses.

bj_cardiff

  • Joined Feb 2017
  • Carmarthenshire
Re: Is an Easement required for a Barn Conversion??
« Reply #4 on: July 18, 2019, 08:03:43 pm »
Maybe have a look at Davill v Pull 2009

http://www.bailii.org/ew/cases/EWCA/Civ/2009/1309.htm
Summary

There was no reason to infer any restriction on a right of way for "all reasonable and usual purposes" so as to limit its use to purposes in connection with the original use of the dominant land. Accordingly, although the plots were used as garden land at the time of the grant, it was now entirely "reasonable and usual" to use them for the building and occupation of houses and the right of way could be used to access those houses.


Thank you, that's very useful

 

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