Ownership re boundary limit

C

Caveat

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Hi

We own a small plot of land within a field adjacent to our own house/garden.

This small plot has road/lane frontage. Due to the remainder of the field now being sold/developed on, we will no longer have access via the existing field entrance.

As I understand it, ownership of plots like ours extends not only to the limit of the lane frontage but actually up to the centre of the lane.

If so, my question is this - can we simply remove a section of hedge (as it seems to be 'ours') to allow us access to our small plot?

Are we obliged to inform anyone? council?

We will be consulting with our solicitor, but would like to get some feedback on this beforehand if possible.

Thanks
 
As I understand it you can open an entrance for agricultural use if the road is below a certain width ( small country road- check with planning authority for size). Any other opening or an opening on a main road will always require planning permission.
 

Thanks vanilla

But it's not for agricultural use - just access to our own land really - septic tank is there. Does that make any difference?

(I'd be almost certain that it's 'small country road' size though)
 
Well I say agricultural use but again maybe check the definition with the planning authority- I 'd imagine as long as you are not intending to develop the plot that it should be okay.
 
OP I'm a bit confused, do you have access directly from your garden to this plot with no part of the field being in between? Also do you separately have a right of way through the field to this plot? When you purchased it this should have been made clear to you. Or are you saying it's landlocked by the field?
 
Only possible current access, without crossing other property/land would be via our own garden - but we would prefer not to remove fence and well established trees to create this access.

There is no right of way - we simply own this small adjoining plot.
 
You mean you were trespassing by going through the field? Or maybe you had permission from the owner. Or maybe you have established a right of way over time.
 
Well I suppose we have been trespassing technically. In the sense that anyone who has ever set foot in a field they don't own is trespassing.

It's not really an issue - we have only entered the field 3 times in the 8 months we have been there. The actual owner lives about 100 miles away and has been renting out the land (for grazing to a local farmer) for some time. Farmer knows our situation and doesn't have any issues.

It's only now that the grazing section of the field is to be sold, that it becomes an issue for us.
 
Let's try looking at this another way with the technically trespassing - how would you like it if the farmer decided to go through your plot of land to access the field on the other side. Or a neighbour decided to go through your back garden because it was more convenient then going out the front.

The farmer has no issue with you as he doesn't own the land. I think you'll find the owner definitely does.

A map would be helpful though in figuring this out.
 

As I've said, we have done this on literally 3 occasions. Any potential purchasers of the plot in question have probably 'trespassed' as much if not more.

I know the owner - I don't think he would be too upset. Would you be happier if I phoned him to alert him to our heinous crimes?

I think taking a shortcut through someone's garden as opposed to going through agricultural land is a bit different. What is it that you think needs to be 'figured out' anyway?

The trespassing won't be happening in the future as we are creating our own access.
 
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