Easement rights

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    Easement rights

    Hello all,

    I own a freehold end of terrace circa 1917 house. The rear of the property ( a garden with a garage at the end) backs onto a un-tarmacked narrow lane with no drainage. Mine and other property deeds state I have unhindered access for a horse and cart. The lane is shared with a row of terraced houses opposite with similar easement rights. This is a private lane and the responsibility for its maintenance and to ensure that all houses enjoy access lies with the 42 or so houses that back onto it. Obviously over the years people have used the lane for vehicle access and have built garages.

    My question is. Should someone be given planning permission and build and operate a commercial premises or a dwelling at the end of their garden, would original easement rights automatically transfer to the new use?

    Hope some one help?


    The easement was granted for the benefit of each property, so unless there was specific wording used in 1917 that use was for private dwelling houses only there would be no logical reason why a change of use of garden land would serve to extinguish the right of way.

    Only the owner of the lane could start court proceedings if that owner did consider that the use of the land was in excess of the right of way granted.

    What is your problem with this possible scenario?


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