OpenLegislation

Paragraph 1

Original text. Later amendments are not shown.

(1)

Subject to sub-paragraph (5) and paragraph 2, a residence together with land connected with that residence.

(2)

In this paragraph, subject to sub-paragraphs (3) and (4), land is connected with a residence if—

(a)

the land, and the residence, are owned by a single owner; and

(b)

every part of the land can be reached from the residence without having to cross land which is not owned by that single owner.

(3)

Sub-paragraph (2)(b) is satisfied where a part of the land cannot be reached from the residence by reason only of intervening land in other ownership on which there is a road, railway, river or canal, provided that the additional requirement in sub-paragraph (4) is met.

(4)

The additional requirement referred to in sub-paragraph (3) is that it is reasonable to think that sub-paragraph (2)(b) would be satisfied if the intervening land were to be removed leaving no gap.

(5)

Land which falls within sub-paragraph (1) may be listed if—

(a)

the residence is a building that is only partly used as a residence; and

(b)

but for that residential use of the building, the land would be eligible for listing.