Freeholder’s right of way of leased land

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    Freeholder’s right of way of leased land


    Hi All,

    I own a plot of land freehold and access to the land is over a part of unadopted road which is under my lease holder’s title. The leaseholder has a 999 year lease from 1890.

    I wanted to confirm that as the freehold landlord do I have the right of way over part of the freehold land which has been leased out of my own freehold.

    I bought the site 3 years back and now want to develop the site and fear that the leaseholder will cause an issue or the local authority might reject planning that I do not have right of way.

    Is their any law or case law on this matter.

    Many thanks

    #2
    When the lease was granted did the landlord reserves a right over the road?

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