Farmers Weekly Business Clinic: does intended new development have right of way access?

The owners of a piece of farmland are seeking advice on a potential access and boundary dispute.

Almost 50 years ago part of the field, which the owners acquired in 1974, was incorporated into a lane to widen it to provide vehicular access to three properties.

One of the properties, a smallholding, has recently been sold, with the previous owner’s family retaining a field on which they have applied for planning permission to build a house. However, the current owners of the three properties written into the agreement are against the development. 

In this month’s Business ClinicJonathan Thompson, a senior associate in Thrings’ Agriculture team, outlines the access issues affecting the parties involved in the case – and the viability of the new development - in the context of right of way legislation, use types and deeds of grant.

Click here to read the full article in Farmers Weekly.

To discuss this matter further, please contact Jonathan Thompson or another member of Thrings’ specialist Agriculture team. You can also find out more about public rights of way and access to land here.