Accessing Your Own Land

Prior to the introduction of revised procedures (set out in regulations under Section 68 of the Countryside and Rights of Way Act 2000, which came into effect in July 2002), people who had to cross common land in order to reach their homes were sometimes denied the right of access to their own property, due to an anomaly in the law. In order to gain access, it was necessary for them to obtain an 'easement' from the owner of the common land. This could be very expensive for the person needing the right of access.

Under the revised rules, the right of easement is now statutory and, provided the relevant conditions are met and procedures complied with, the owners of the common land cannot object. In return they will be paid as follows:

  • 0.25% of the value of the premises if these came into being before 1 January 1906;
  • 0.5% of the value of the premises, if they came into being between 1 January 1906 and 1 December 1930; and
  • 2% of the value of the premises if they came into being on or after 1 December 1930.

Once payment has been made, the right of access will continue in perpetuity.

The contents of this article are intended for general information purposes only and shall not be deemed to be, or constitute legal advice. We cannot accept responsibility for any loss as a result of acts or omissions taken in respect of this article.

Latest News

Extending Your Home? Do You Need Planning Permission? Extending Your Home? Do You Need Planning Permission?
Moving In With Your Partner? Take Advice First Moving In With Your Partner? Take Advice First
Contractor's Failure to Fix Should Leave Blame Unchanged Contractor's Failure to Fix Should Leave Blame Unchanged
Rushing Into Property Purchase Proves Costly Rushing Into Property Purchase Proves Costly
Traffic Noise Blight Householders Win £125,000 Compensation Traffic Noise Blight Householders Win £125,000 Compensation
Help to Buy Aids 150,000 Help to Buy Aids 150,000
High Court Rules on Residential Development Contract Gone Bad High Court Rules on Residential Development Contract Gone Bad
Homeowner Defeats Planning Officer in Rates Row Homeowner Defeats Planning Officer in Rates Row
Tenant Lives to Fight Again as Court Upholds Without Prejudice Plea Tenant Lives to Fight Again as Court Upholds Without Prejudice Plea
Weekend Cottage Tenant Sees Off £128,000 Insurance Claim Weekend Cottage Tenant Sees Off £128,000 Insurance Claim