coastal access rights

September 12, 2018 by Andrew Sanger in forum Planning Forum

#596 Andrew Sanger, 12 September 2018, 11:25

I hope some one can help,I own 5 acres of woodland , including a stream, and a beach aprox 150 yards, mostly rocks, with a beach access, the sw coastpath runs across the land.the access to the beach is gated has a sign saying private no public access, the local acess team want to claim the slip way for access, to the beach, the land has restrictive covanants on it restricting who ha the right of access,and a restriction on the land for its use, farming, forestry, no comercialuse etc,

The Coastal access team have said that they have right over covenants on the land and their access will supercede all or most covenants on the land.

Their was also a declaration of the chancery division in favour of the predeccessors in title of the present owners to the effect that no rights of way either vehicular or on foot exists for the obtaining access to the fore shore beach then named,

#597 Andrew Sanger, 12 September 2018, 11:34

continuation of above persons who trespass in the manner described in the face of the declaration may be liable to substancial damages and not nominal damages and pay substancial costs of proceedings etc Is this true can these peaple overide covenant and high court injunctions,there are get out clause 1 of which if it is a garden, could I have a definition legal of a garden,I only brought the land 18months ago and the loss of the slipway and loss of privacy is not very appealing

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