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Q and A: I want to extend my property and i was told this land is called a Right in Common

Article 1013 [ added on 23-08-2011, updated on -- ]


Q: I live in a mid terraced property and want to extend but we need to leave access for my neighbours. I have been told this land is called a Right in Common, i have been told different views about this.

A: The Right in Common guarantees your neighbour(s) access to the rear of their properties. In order to build over the right of way you would certainly require the consent of ALL the users land.

The negotiations would have to include alternative form of access; space permitted. Professional legal guidance is essential for the avoidance of future sales problems.

All of this is likely to be very expensive even before building starts.

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