Access Rights

[maxmayhem]

I currently have full right and liberty over an area to the rear of my property. There is currently building works in progress to redevelop this area by the local housing association and build a bumber of houses. They housing association has written to me stating that my current access rights prevents them building 2 of the houses and they wouyld offer to pay my solicitors costs to have a deed of release/variation entered into with them. Has this right of access got any value and if so how do I get it valued? It will make a difference as I will need to modify the way my caravan is moved in and out of my property.

[beryllium]

Read this and hire a solicitor. The land will need valuing as it sounds like you have a ransom strip of sorts.

http://www.propertylawuk.net/propertytransacti onsoverage.html

this bit:

The on-sale of the land in its present state, where the vendor fears that the purchaser may take advantage of a rapidly rising market to make a quick profit from the land. This will be particularly useful in the case of a vendor who is anxious not to be embarrassed by being seen to have sold at an undervalue, such as a local authority or charity.

You are not a charity. Get it valued. Unless of course you are also housing authority, in which case, if you own say 50% of the land? then maybe you're entitled to 50% of it's worth.

Best of luck in your quest :-) and get the link copied for yourself and your solicitor.

[NORMANTHEDOG]

you could look into charging them annually for access

[dot.hawkes]

If there is dobt about you legal ownership of any part of this land in question, get a copy of your boundary from your deeds and compile evidence of your continued usage of it over the years as I believe this extablishes ownership does it not?

[maxmayhem]

Thanks Dot. I do not own the land at the back the housing association via the local auhority own the land but I have full access to pass or repass with or witout motor vehicle over the land and also walk on the paths and grassed areas for all purposes of the enjoyment and occupatio of the property.
I am awaiting an appointment at a local solictor.

[buildersmate]

You have an easement (right of access) over the land. It definitely does have value. The value of such a thing is only as much as anyone is prepared to pay of it. Until the HA came along wanting to built houses, it was worthless. Now suddently you've hit the jackpot. A rough guideline ona ransom strip is probably about 25% of the value of the land that can't be developed. This isn't a ransom strip - I appreciate that - because with a ransom strip you actually own it. But that's probably a good starting point. Look at it this way, they can't do ANYTHING with the land unless you agree to its removal.