Q&As

Where there is a right of way registered on the freehold title, will this right automatically pass to the leasehold title?

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Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 06/12/2019

The following Property Q&A Produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • Where there is a right of way registered on the freehold title, will this right automatically pass to the leasehold title?

Where a freeholder seeks to demise their land, or part of their land, and that land is benefited by rights over third party land, it will be highly important that the tenant ensures that they obtain the same rights as the freeholder. This is particularly important if the land is otherwise landlocked, and, as a result, the only way of accessing the land is via a right of way. A right of way is a right granted to dominant land over adjoining servient land which allows the user of the dominant land to access it over the servient land or a defined part thereof. The right may be limited, for example to the right to pass and repass on foot, or may be a general right allowing unlimited passage. There

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