The following Property Q&A Produced in partnership with Kate Andrews of Hamlins provides comprehensive and up to date legal information covering:
This Q&A assumes that the grantor of the easement owned the freehold interest in the neighbour’s field. It has also been assumed that the land is comprised within the freehold interest of the neighbour’s field.
This Q&A will refer to the farmer as the ‘dominant owner’, the owner of the neighbouring field as the ‘servient owner’ and the land over which the right of way is enjoyed as the ‘accessway’.
There are two questions to consider here. Firstly, who
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