Ask PLC Home

Practical Law may have moderated questions and answers before publication. No answer to a question is legal advice and no lawyer-client relationship is created between the person asking the question and the person answering it. Where appropriate, you should consult your own lawyer for legal advice. Practical Law's employees are not practising solicitors or barristers. The Ask scope and rules apply.

How can I gain vehicular rights of access to the property?

I act for a prospective purchaser of a commecial premises.

Access to the property crosses from the public carriageway over a dropped public footway and a public footpath. The public footway and footpath are recorded on the highways search. I am not too concerned about the footway. However, the public footpath (which is in fact a hard for launching boats) would not allow my client vehicular access to the property.

The subsoil beneath the public hard is owned by the council subject to the dedication and adoption as a public footpath. It is an offence to drive a vehicle over a public footpath (RTA 1988)

To gain vehicular access to the property my client will need to cross the public footpath.

Does s.50 of CROW assist?

Is it possible to claim a prescriptive right of way (20 years) vehiclular use if I obtain statutory declarations from the seller and previous owners in repsect of a vehicular right of way over the footpath (as dedicated) and the subsoil beneath?

Anonymous (Private practice)

Request a free trial

To access this resource and thousands more, register for a free, no-obligation trial of Practical Law. Register using the button below, telephone +44 (0)20 7202 1220 or e-mail info@practicallaw.com.

A free trial will give you:

Unlimited access to Practical Law online know-how
Thousands of market standard documents and clauses
Daily alerts and weekly update e-mails on key legal developments in your practice area
 

Register

Log in

To access this resource, log in below or register for free access.

Contact us

Our customer services team are available every working day 8.30am to 7pm (GMT).

{ "siteName" : "PLC", "objType" : "PLC_Doc_C", "objID" : "1247726210167", "objName" : "##42296 How can I gain vehicular rights of access to the propert", "userID" : "2", "objUrl" : "http://uk.practicallaw.com/cs/Satellite/resource/2-522-8983?service=property", "pageType" : "Resource", "academicUserID" : "", "contentAccessed" : "false", "analyticsPermCookie" : "261609db1:145811d9d03:4f9f", "analyticsSessionCookie" : "261609db1:145811d9d03:4fa0", "statisticSensorPath" : "http://analytics.practicallaw.com/sensor/statistic" }