Legal meaning of phrases on a Land Registry entry

[rovermorris999]

One for M'learned friends on here. On the deeds of a property it states ''subject to a right of way for the owner or owners or occupiers for the time being of the adjoining property known as xxxx with or without vehicles for all reasonable purposes connected with the proper use of the adjoining property''.

What does 'for the time being' mean? Does it mean only for the parties drawing up the agreement? Or is the right in perpetuity?

And what is 'proper use' and 'reasonable purposes'? I would think any normal use for a domestic dwelling but not any for of business.

Any ideas?

[davidjpowell]

rovermorris999 said:

One for M'learned friends on here. On the deeds of a property it states ''subject to a right of way for the owner or owners or occupiers for the time being of the adjoining property known as xxxx with or without vehicles for all reasonable purposes connected with the proper use of the adjoining property''.

What does 'for the time being' mean? Does it mean only for the parties drawing up the agreement? Or is the right in perpetuity?

And what is 'proper use' and 'reasonable purposes'? I would think any normal use for a domestic dwelling but not any for of business.

Any ideas?

Means that whoever owns adjoining the property has right of way. Effectively perpetuity.


Also think you are barking up the wrong tree with ideas of restricting use of building to dwelling.

[rovermorris999]

It's the house next door, I own the access track which passes close to my house. I'm thinking of buying the house but I was just wondering if the phrases indicated had any legal meaning. 'For the time being' just seemed a bit odd.
If someone else bought it and wanted to run a business, presumably they'd have to apply for change of use. I'd have no problem if it was a business that didn't generate much if any footfall but I wouldn't want streams of customers driving past my door.

[rovermorris999]

Aha, that makes sense. Thanks

[TimCrighton]

As stated above it means its a personal use to the owner of the property. There are certain restrictions applicable to easements like this, it does not give the owner the right to park on the drive, only to drive over it, but it does not limit the ammount of traffic over the right of way, theoretically they can use it as frequently as they like with any type of vehicle that may reasonably be used to access the property. You will also be under the burden on the easement meaning that you have a responsibility to maintain the access for the user, albeit that a share of the costs may have been agreed.

Easements are a pretty specialist area and it would be worth speaking with your lawyer regarding this issue if you are thinking about pursuing the property.

The easement could be extinguished if you opted to purchase the property and you could then reconsider the express granting of an easement with greater restrictions, or alternatively seek to negotiate alternative access.

(I'm a surveyor by the way )

Edited by TimCrighton on Friday 2nd October 10:04