this post was submitted on 18 Oct 2023
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Is it legal to have your home completely surrounded by someone else's private land?

Watch to find out what experts think of the decades-long land dispute at these PJ apartments, where a shady land deal has left residents with no legal entrance to get home.

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[–] [email protected] 2 points 1 year ago* (last edited 1 year ago) (2 children)

... And this is why you get covanents on housing estates/blocks and indemnity insurance if you don't.

[–] [email protected] 2 points 1 year ago

In the US, it's usually an easement written into the deeds.

[–] Salamendacious 1 points 1 year ago (1 children)

I'm sorry I don't follow you. Can you elaborate?

[–] [email protected] 8 points 1 year ago* (last edited 1 year ago) (1 children)

In the UK you can add permanent contracts to land: https://use-land-property-data.service.gov.uk/datasets/res_cov

In my estate, I own my house, but the road/surroundings are owned by the estate company. However they are covenanted to provide me certain rights/services. In return I must give access for structural repairs etc (and pay estate maintenance fees)

These covenants are linked to the land, so even if they somehow sold it, those rules should (to my understanding) remain for the new owners.

Edit: They can't 100% promise I can get access though as there is a footpath of unknown ownership that crosses the road, so my solicitor forced them to buy me a 100year insurance policy for the value of my house for the unlikely risk of losing that access

[–] Salamendacious 3 points 1 year ago

Estate law is very complicated. It's interesting to see how different countries handle it. Thanks for explaining that to me. I really appreciate it.