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Access Rights
Posted: 09 April 2010 02:55 PM   [ Ignore ]
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I would like to go back to the West Coast and work the family croft as well as build a house on the land.  Unfortunately I am being told that due to the fact that the access to the croft has not been used for over 10 years, I can no longer use this access.  This is the only access to the croft (that is viable for vehilce access).  This would mean the croft would be land locked.  The person who sub let the croft from the family used a different access over the years but this access is not suitable for vehicles.  Can a croft be land locked and would the 10 years of not using the access hold up in court?

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Posted: 20 May 2010 10:33 AM   [ Ignore ]   [ # 1 ]
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Rights of access include the legal right to walk or take vehicles from the public highway to your plot of land. The size, shape and location of the access and whether it provides a safe means of getting from your land onto the highway all play a part in the viability of your proposals.
The majority of self build land has a boundary with road frontage to a public highway. Beyond the boundary of the building plot there may be a verge or pavement and then a public road. In some cases access to a plot will be via a private road or a shared drive. The property deeds should specify whether the right to cross this private land to get to the public highway is present.

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