LAW
Securing access for a commercial property
Once a commercial tenant has agreed a lease , they will require unobstructed access to enter the premises for the purposes of their business .
Unless premises sit alongside a public road , they will probably have to cross private land for which they will need permission .
“ The lease will set out the access rights and deal with who maintains roads and how the cost will be split ,’ explains Ian Cowan , solicitor in the commercial property team at Richard Reed Solicitors .
Here , Ian highlights the key points to discuss with your solicitor ...
Public highways and private rights of way The public highway may be used , free of charge , by all members of the public . In contrast , no one has the right to use the estate road unless it has been expressly granted to them . The landlord will grant access rights for tenants and visitors in the lease of each unit . It is important that the landlord has sufficient rights over the access roads to grant express rights to the tenant to enable the property to be used for the intended purpose .
There are a number of specific issues to consider :
> Do the rights granted cover all parts of the estate road and common areas ?
> Does the agreement allow access for vehicles and on foot ?
> Are there any restrictions on hours of use , or on the types of vehicle that can use the road ? charge provisions of their lease . In return , they will want their landlord to agree to keep access routes in good repair . The way costs are divided between different users will depend on how they use the access routes .
Interference with access rights A landowner will usually reserve the right to close or restrict access temporarily , either in an emergency or to carry out maintenance . The agreement should set out when this sort of right will apply and require the landowner to act reasonably , giving notice and causing minimum inconvenience to those who use the access .
A landowner may also want to be able to make permanent changes , for example if part of the estate is being redeveloped . Landowners must understand that rights granted cannot be taken away unless the agreement allows for this .
Disputes may also arise if an access way is obstructed , for example by new fencing , gates , or by parked vehicles . The user can take action only if whatever they object to “ substantially ” interferes with their access . For example , a single gate across an access road is probably not a substantial interference if users can open it easily , but a series of gates along a route might be .
Changing use and acquiring extra land If you change the use of your land to one that intensifies your impact on access roads , the rights granted to you may no longer be adequate . Similarly , if you have rights to use an access route to get to one plot of land , this may not be sufficient to access any adjoining land you acquire later .
Cost of maintenance Roads , paths and other access areas on private land will usually be maintained by whoever owns them , but they will want those with access rights to share the cost .
The lease must deal with both aspects , setting out maintenance obligations , as well as who must contribute to the cost . Tenants ’ contributions will be covered in the service
How we can help
Whether you are settling a new lease or buying an existing investment property , your solicitor can look out for possible problems with access , and ensure you have the rights you need to avoid unexpected costs and disputes .
For more information on this or any other commercial property matter , contact Ian Cowan on 0191 567 0465 or email : ian . cowan @ richardreed . co . uk . wear . business – the voice of business for the Wear region | 27