How to navigate your dominion over a building parcel you own.
In the world of self-build projects, understanding the intricacies of rights of way is crucial for a smooth and successful construction process. Claire Langford, the head of residential conveyancing at Roythornes Solicitors, sheds light on this often overlooked yet significant aspect.
Rights of way, whether private or public, can significantly impact the positioning of your new home and may require the agreement of the affected party to block or alter. Claire Langford, a fellow of the Chartered Institute of Legal Executives since 2016 with over 25 years of experience in the legal sector, specializes in residential conveyancing.
There are two main types of rights of way: private and public. A private right of way is an agreement between two property owners, such as granting a neighbour exclusive permission to cross a driveway. On the other hand, a public right of way like a footpath or bridlepath over a building plot is legally protected and cannot be blocked or diverted without following a formal legal process.
The existence of a right of way can have significant legal implications. For instance, a right of way legally requires that the access be kept open and unblocked. This means you cannot construct buildings, fences, or other obstructions that interfere with the right of way. Access must be maintained for those entitled to use it, which limits how you can use or develop portions of your land.
Moreover, local zoning and building regulations often impose restrictions on construction near rights of way and utility easements to allow access for maintenance or public use. Building too close or over an easement may be prohibited, affecting your layout and design options.
The presence of a footpath could restrict your ability to fence off your land. In some cases, you may be able to purchase the rights from the benefiting party, effectively extinguishing the right of way altogether for a private right of way.
When planning a self-build, understanding the existence of private rights of way is crucial as they can limit the positioning of your new home and may require the agreement of the affected party to block or alter. If a right of way is identified during the conveyancing process, negotiation is often the most straightforward solution.
In conclusion, when a right of way exists over a building plot, your self-build project must accommodate the legal obligation to keep that access open and unobstructed, which can restrict building locations and design. Early legal review, coordination with authorities, and possibly negotiations with rights holders are essential to successfully developing the land within these constraints.
[1] [Roythornes Solicitors](https://www.roythornes.co.uk/news/navigating-rights-of-way-in-self-build-projects-a-guide-for-homeowners/) [2] [Chartered Institute of Legal Executives](https://www.cilex.org.uk/) [3] [Government UK](https://www.gov.uk/guidance/public-rights-of-way-overview) [4] [Highways Act 1980](https://www.legislation.gov.uk/ukpga/1980/66/contents) [5] [LegalZoom](https://www.legalzoom.co.uk/legal-faqs/property/property-law/what-is-a-right-of-way-and-how-can-i-remove-one-from-my-land)
- In self-build projects, private rights of way, like agreements for a neighbor to cross a driveway, can limit the positioning of your new home and may necessitate the consent of the affected party to modify or block them.
- A self-build project could be influenced by the existence of a public right of way, such as a footpath, as you cannot construct obstructions that interfere with these areas, restricting how you can use or develop certain portions of your land.
- When planning a self-build project, it is essential to consider the financing aspect, as the legal obligations of maintaining open access for rights of way may affect the layout and design options of your business venture.
