FEATURE: LEGAL SERVICES
Wrong way A
Businesses that allow members of the public to cross their site as a shortcut could be inadvertently creating a dedicated right of way
n experienced commercial property solicitor has warned that the owners of some business premises could be creating a permanent right of way over their site without
realising it. Worcestershire-based Madelene Schofield-Whittingham (pictured), who
is with Excello Law, said: “There are many business premises across the country, particularly in densely developed areas like ours, where the business owner has for many years allowed members of the public to use an access or alleyway across their site as a short cut to get through to shops or other businesses, believing that provided the access is not open to the public all the time, they are not in danger of creating a dedicated right of way.” She added: “This may well be the case and certainly depends on the
‘Anyone with concerns should contact their lawyer without delay’
circumstances – but a recent decision by the High Court serves as a stark reminder that landowners must be very clear in their intentions. Rather than remaining simply an act of generosity within the control of the owner, allowing such use may inadvertently be creating a dedicated right of way which the public can use come what may and regardless of the landowner’s wishes.” Anyone with concerns should contact their lawyer without delay. “It may not be too late – and simple appropriate action can be taken
which means that you may still be generous while at the same time protecting your position and keeping yourself in control,” added Madelene, who has practised in London, Bristol and the Midlands since qualifying in 1995. A specialist in commercial real estate and development, Madelene has
wide experience in acting for large, medium-sized and small commercial and residential developers, including a national house-builder, from site acquisition through to sale of developed-out units. She also deals with the refinancing of portfolios or single sites, managing
landlord and tenant lease portfolios, and acting for commercial landlords and tenants in the grant, assignment and termination of leases. Madelene has also acted for company-owner retirement pension funds in
respect of the acquisition into and the sale out of property assets including the transfer of assets into and between SIPPs and SSASs.
38 CHAMBERLINK JULY/AUGUST 2015
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