Access to a ‘farm house’

[Titian7]

Think this is too specialist for here but will give it a go. We live in a rural property that has access over a neighbours drive to access our own. In the deeds it says we have a right to access our house and land ‘as a farm house and agricultural land’. It hasn’t been a farm for 20 years and only came with a small amount of land as the rest was sold off at the time we brought it. Next door are lovely but quite elderly, should we be getting this some how changed or am I worried about nothing?

Yes you should
as it would seem the access is contingent of it being a farm house and agricultural land

wont be complicated if current owner agrees to change in description

consult a sol

Is the house also designated as an agricultural property with a tie to agriculture? I would hope if it did that your conveyancer removed this when you bought it but otherwise you need to apply to planning (and it may not be granted).
But yes, I would seek to get the access clarified as a property with no right of access is a major issue.

This sounds like your property has a designated agricultural tie. Definitely worth looking into this with a solicitor.

Suggest you go back to the solicitor who did the conveyance for you when you bought. Search out all your paper work including bank and mortgage if relevant. Keep them handy if Solicitor needs them.

I'm sure I've read this in the press somewhere recently, the couple started out working with the chickens but haven't worked in agricultural roles for more than 20 years, so the breach of the agreement was not upheld.

https://www.herefordtimes.com/news/25256538.bungalow-couple-didnt-know-farm-occupancy-condition/

Here it is

definitely go back to your conveyancer, we have the exact same arrangement (but we own the drive and the neighbours have right of access - also former farm) and it was documented in minute detail in the legal pack, including all the reasons they could and couldn’t use the access for (a big one being they are not allowed to store or park anything on the drive, even in the short term)

Thanks all. There are no agricultural ties to the property and the neighbours have to cross our owned bit of the driveway to get to some of their land so it’s in both our favours to get it right

Yes but is their access contingent on anything?