A beautiful plot with no legal way in is a problem, not a bargain. In Grenada's steep, densely subdivided countryside, many parcels sit behind others and are reached along a track, a footpath or a strip of concrete that crosses a neighbour's land. As long as everyone gets on, nobody asks whether that access is a legal right. The question arrives when the neighbour sells, when a bank asks for proof of access, or when a truck carrying blocks needs to get through.
This page explains how rights of way and other easements work in Grenada, the difference between a public road, a recorded right and a tolerated path, how access is created and protected, and the checks to make before buying. It describes general principles; a Grenadian attorney should confirm the position for any particular parcel.
Three kinds of access, and why the difference matters
The safest access is a public road maintained by government. If your boundary touches it, you can reach your land. Even then, check that the road is genuinely public and not a private estate road that happens to be paved, and that the frontage on your plan really meets the road rather than a strip of land between.
The next is a recorded right of way: a legal right, usually created by deed and recorded at the Deeds and Land Registry, allowing the owner of one parcel to pass over another. It belongs to the land, not the person, so it passes to future owners on both sides. A good grant states the route, the width, who may use it and for what, and who maintains it.
The weakest is a tolerated path: a track neighbours have allowed people to use for years without anything written. Long use may give rise to legal rights in some circumstances, but proving them can mean court proceedings. Until then, access depends on goodwill, and goodwill does not always survive a change of owner.
How rights of way are usually created
By express grant in a deed. The clearest route. When land is subdivided, the deeds for inner lots should grant rights over the access road, and the road itself should be shown on the approved subdivision plan.
By reservation. An owner selling part of their land may reserve a right of way over the part sold to keep access to the part retained. Read the deed for words such as "excepting and reserving".
By separate agreement. Neighbours can agree a right of way at any time. An attorney drafts the deed, a surveyor plans the route and width, and the deed is recorded so that it binds future owners.
By long use. Use over many years, openly and without permission, can in some circumstances found a legal right. It is uncertain, depends on evidence and often needs a court to confirm. It is a fall-back, not a plan.
By necessity. Where land was sold off in a way that left it with no access at all, the law may imply a right of way. The scope is limited and the facts matter, so take legal advice before relying on it.
Other easements: water, drains, power and views
Access is only one kind of easement. In Grenada, pipes, drains and cables frequently cross neighbouring land. A NAWASA water line or a GRENLEC supply may run across another plot to reach yours. Storm water from a hillside development has to go somewhere, and it often flows through a drain or a natural gully on someone else's land. A septic soakaway close to a boundary can affect a neighbour.
Where these crossings are important, they should be recorded as easements, with a plan showing the route. Utilities may have their own statutory rights for their infrastructure, but private pipes and drains generally need private agreements.
Grenadian law does not generally protect a view as a right in itself. If a sea view is the reason you are buying, check what the land below can be developed for under planning rules and whether any estate covenant limits building heights. A restrictive covenant recorded against neighbouring lots is the usual way views are protected in managed developments.
Checks before buying a plot that is not on a public road
If the plot is reached across someone else's land, ask your attorney and surveyor to confirm the following before you pay a deposit:
- The right of way is granted in a recorded deed that benefits the plot you are buying, not just the seller personally.
- The route on the ground matches the route described and shown on the plan. Tracks wander over the years.
- The width is enough for vehicles, including construction trucks, and for any planning requirement for access.
- The right covers vehicles as well as foot traffic, and use for a house rather than only for farming.
- Responsibility for maintenance and repairs is clear, including after storm damage.
- Utility lines can be laid along the access, or separate easements exist for them.
- No one with an interest in the land crossed, such as a mortgage lender or co-owning heirs, can undo the grant.
- The planning authority will accept the access when you apply to build. The Physical Planning Unit looks at access when assessing development, so a narrow footpath may not be enough.
Shared driveways and private roads
Many small subdivisions in Grenada are served by a private road shared by several lots. The arrangement works well when the deeds set out each owner's rights and contributions; it causes friction when they do not. Typical flashpoints are who pays to resurface after heavy rain, whether one owner may park on the road, and whether a new lot further up can be given access by the original developer.
If you are buying into such an arrangement, ask whether there is a road agreement or an owners' association, how costs are shared in practice, and whether the road is likely ever to be taken over by government. Most are not, so assume ongoing private maintenance. On steep ground, a concrete strip road with proper drainage costs money to keep in good order.
If you are dividing land yourself, the subdivision approval process will look at road widths and drainage, and the deeds you give buyers should grant clear rights over the road. Leaving it vague saves nothing and stores up disputes.
Lenders pay attention to all of this. A bank considering a mortgage on a house reached by a private road will usually want its attorney to confirm that the borrower has a recorded right to use the road for vehicles, that the right cannot be withdrawn, and that utilities reach the house lawfully. Owners who have relied on an informal arrangement for years often discover the gap only when they try to borrow against the property or sell it to a buyer who needs a loan. Fixing it then means negotiating with neighbours who suddenly know their consent has a value.
When access is blocked
Find out what the right actually is. Ask your attorney to review the deeds. If the right is recorded, the person blocking it may be acting unlawfully. If it is not, your position depends on long use or necessity, which is harder.
Talk first. Many blockages arise from a misunderstanding, a new gate installed for security, or a dispute about who damaged the surface. A conversation, perhaps with a key arrangement, may solve it.
Put it in writing. If talks fail, an attorney's letter setting out the legal basis of the right often resolves matters.
Mediation or court. Persistent obstruction of a recorded right can be brought before the court, which can order the obstruction removed. Mediation is a quicker alternative where both sides will engage, and it leaves room for practical compromises such as shared maintenance costs.
Frequently asked questions
Is a plot without road frontage worth buying?
It can be, if a properly recorded right of way exists and is wide enough for vehicles and utilities. Without one, the plot may be hard to build on, finance or resell, and the price should reflect that risk.
Does a right of way pass to the next owner?
A properly granted and recorded right of way belongs to the land it serves and binds the land it crosses, so it continues when either property is sold. Informal permission given to a person usually does not.
Can a neighbour put a gate across a right of way?
It depends on the terms of the grant and whether the gate interferes with reasonable use. A locked gate without a key for the person entitled to pass is usually a problem. An attorney can advise on the specific deed.
How wide should a right of way be?
There is no single figure; it depends on the grant and on what the planning authority requires for access to a building plot. For vehicle access to a house, ask the Physical Planning Unit what it expects before agreeing a width.
Who repairs a shared access road?
Whoever the deeds or a road agreement say should. If nothing is written, disputes are common. Agree contributions in writing, ideally when the road is created, and record the arrangement with the deeds.
