Access to a building site

backlanepipe

I have been offered a building site on my mother's farm, on which I may build in a few years. My mother owns half the family farm, which is rented by my brother, and my brother owns the other half. My brother is planning to rent the entire farm on a fifteen year lease.

If I need access to the building site through my mother's land while building do I need the permission of the owner, my mother, the renter, my brother or the future fifteen year lease holders?

BattleCorp

backlanepipe wrote: »

I have been offered a building site on my mother's farm, on which I may build in a few years. My mother owns half the family farm, which is rented by my brother, and my brother owns the other half. My brother is planning to rent the entire farm on a fifteen year lease.

If I need access to the building site through my mother's land while building do I need the permission of the owner, my mother, the renter, my brother or the future fifteen year lease holders?

If you've been offered a site on your Mother's farm, she will also have to provide you with access to that site as part of the deal.

Do you have to cross any of your brother's land to get to your site?

backlanepipe

BattleCorp wrote: »

If you've been offered a site on your Mother's farm, she will also have to provide you with access to that site as part of the deal.

Do you have to cross any of your brother's land to get to your site?

If she provided me with access to the site would that supersede any land renters?

Would it outlast her lifetime?

I do not have to cross any of my brother's land to get to the site.

afatbollix

Do you have road frontage?

Put in a gate and fence off the field now. They could still use the field but when needed you can have everything you need fenced off ready to go.

beauf

There's an awful lot of nasty disputes with farms and shared access, right of way, or someone trying to force a shortcut . If it were me any viable site would have to have it's own unshared access. I'd also make it so that's it's only useful for the site, in case someone decides it's a shortcut to somewhere else in the farm. Often this happens 10-20 yrs later.

backlanepipe

afatbollix wrote: »

Do you have road frontage?

Put in a gate and fence off the field now. They could still use the field but when needed you can have everything you need fenced off ready to go.

The field is 3 meters above a small road and a digger driver told me the digging would need to start from within the field.

Banana Republic 1

backlanepipe wrote: »

I have been offered a building site on my mother's farm, on which I may build in a few years. My mother owns half the family farm, which is rented by my brother, and my brother owns the other half. My brother is planning to rent the entire farm on a fifteen year lease.

If I need access to the building site through my mother's land while building do I need the permission of the owner, my mother, the renter, my brother or the future fifteen year lease holders?

You’d have right of way

Dirty Nails

Banana Republic 1 wrote: »

You’d have right of way

I wonder. Unless the site is fenced off & transferred pre lease,surely it's part of the lease? As far as access goes it's probably only to track a digger in to it. Just a thought.

Added; permission I'd say would be from the lease holder.

BattleCorp

backlanepipe wrote: »

If she provided me with access to the site would that supersede any land renters?

Would it outlast her lifetime?

I do not have to cross any of my brother's land to get to the site.

Going from your post, it appears that your brother hasn't rented your mother's part of the land yet.

If that's the case, figure out the best way to your site through your mother's land or from the public road and then go talk to a solicitor to get it set in stone. Once your site and access to your site is legally completed, your mother can then rent the rest of the land to your brother.

If you can access your site from the public road, then this might be the best way to access your site. Then you aren't going through anybody's land only your own. It might not be simple though. The road mightn't be suitable for an opening, especially if there isn't clear line-of-sight when exiting your site.

Victor

If your mother transfers the site to you, then it's yours. To ensure there aren't any misunderstandings, fence it off (and plant trees) and provide your own access when it is transferred, not later.

afatbollix wrote: »

Put in a gate and fence off the field now.

This will need planning permission. Talk to the council planning department to see if they would give you permission to to the gate in in the short-term an if they would allow a house in the medium term.

backlanepipe wrote: »

The field is 3 meters above a small road

The height will cause its own problems.