Easement over common land reduced compensation

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    Easement over common land reduced compensation

    Hello,
    My land is bordered by some common land. I can apply for an easement by paying 2% of the value of my property to the owner of the common land, but that would be far too much for me to pay. Could I lease a small area or building, and then get the easement for that premises, therefore paying a much smaller amount of compensation?

    #2
    I mean, for example, lease a small building to a limited company that I own, and the company, as a tenant, then applies for the easement.

    Comment


      #3
      An easement for vehicle access I was referring to.

      Comment


        #4
        Don't see why not, but it woud be an easment for the small rental and not for your larger property.

        So you will still have no right of vehicle access for your larger property.

        Comment


          #5
          But the tenancy agreement could stipulate that the tenant must allow me to drive into my property. So I visit my tenant using his easement, and then drive on into my property. Because I'm driving through my tenant's property I have used his easement.

          Comment


            #6
            If you think you see a loophole then try it.

            I still see potential problems though.

            It would depend how the easement is worded.
            You can easily have an easment for a resident/occupier to drive across common land, but not for visitors.
            Visitors still have to park elsewhere and walk across the common land.

            You can put in your lease that your tenant has to give vehicular access between your 2 properties.
            That still does not give you a right to cross the common land with a vehicle to actually use your access between the 2 properties.

            I assume that you already have access to your property so am not sure what you are trying to achieve here?
            If it's just seperate access for a proposed rental then do you need to be able to use any new access yourself?
            Or are you looking for a 'shortcut' of some kind?

            Designated 'common land' has rules of access and usage for a reason.
            https://www.gov.uk/guidance/common-l...rty-by-vehicle

            Comment


              #7
              1) This seems a rather technical question;

              2) You seem to be trying to find ways of cheating;

              3) Unless there is an easement giving you the right to buy these vehicular easements, the landowner can, presumably, choose any price, and impose any conditions, that they like.

              Comment


                #8
                Nukecad, are you sure that someone with an easement across a common cannot be visited by friends in a vehicle? Does it say that in any of the legislation?

                Comment


                  #9
                  It will depend entirely on the wording of the easement.

                  Comment


                    #10
                    But anyway, if the tenant is my limited company I would be able to use the easement as a director of the company.

                    Comment


                      #11
                      Only for the purposes of the company.

                      Comment


                        #12
                        Yes, but the easement does not obligate me to exit via the easement, does it? If I wanted to then take a different exit, say into my property, I think that would be allowed.

                        Comment


                          #13
                          I'm getting the feeling that whatever we say is not going to align with your thinking.

                          So the only advice can be as above- if you think it may work for you then try it.

                          Personally I don't think it will work.
                          But it all depends just how any easement is worded.

                          Comment


                            #14
                            I've just read that the application for an easement across a common for 2% of the value as compensation was abolished in 2006. Is that true?

                            Comment


                              #15
                              Hello,
                              Was section 68 of the Countryside and Rights of Way Act 2000 replaced by anything? It provided for making a compulsory purchase of an easement across common land, for 2% of the value of your property. It was abolished in 2006. Is there now any provision for making a compulsory purchase of an easement across common land?

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