Negotiating a legal right of access via a third party

[buildersmate]

Out of my depth on this one. Any offers Themas, New Judge, Barmaid etc? A landowner with a landlocked plot wishes to use a Restricted Byway as a means of access during the construction of a new house. The existing plot has a valid right of access via a Bridleway over which the landowner has 'long usage' right of vehicular access (Prescription Act), but landowner cannot use this as a construction access as not wide enough. Landowner seeks to negotiate with neighbour1 who has 'long usage' rights down the Restricted Byway - the only means of vehicular access for him to the public highway. Landowner proposes to enter Restricted Byway with vehicles, into neighbour1's plot, and thence into his own land. Surely a long usage right cannot be transferred by legal agreement document to another party in this manner?

[themas]

An interesting one, & I don't think you're the only one out of your depth!

I've found this:

http://www.defra.gov.uk/wildlife-countryside/c l/pdf/nercactv5.pdf

Para. 70 seems to be saying that in some circumstances there can be vehicular access on a Restricted Byway - apparently depending on what it was before it became one.

I can't find anything on "long usage rights" - could it be that different terminology is used in the legislation etc.?

I think the only way of answering your query is to find the legislative basis for long usage rights & check what limitations are placed on them. It would certainly seem logical to me that if the right is specific to a particular landowner and his/her particular area of land that it ought not to be transferable to another landowner & different land. But all this depends on how the long usage right arose and what the conditions governing it are.