News1 min ago
Access Rights
Hi, I have two parking spaces beside my house,which we access by a small slip road. A well known building company own this road and are building some houses behind our house.They want to dig up this road and lay drainage pipes.They have told us they can do what they like!Can we stop them doing this,as it will stop us parking our cars ?
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Have a look at your land title document to see if it includes the right to pass/repass along this road by vehicle - such a statement is typically accompanied by an indication on your title plan showing the access entitlement hatched in a colour on the title plan.
If you don't have that, have you (and/or the previous owners of your property) been regularly accessing by vehicle along this road for a continuous period of at least 20 years? If, yes, you may be able to claim an easement to provide you a permanent entitlement of access. But you will probably need a solicitor to help you do this.
If neither of the above apply, you don't have a legal right to pass along there anyway, so the owner of the land can do what he likes.
If you don't have that, have you (and/or the previous owners of your property) been regularly accessing by vehicle along this road for a continuous period of at least 20 years? If, yes, you may be able to claim an easement to provide you a permanent entitlement of access. But you will probably need a solicitor to help you do this.
If neither of the above apply, you don't have a legal right to pass along there anyway, so the owner of the land can do what he likes.
rednose,
If, say, the roles were reversed and the building company wanted to drive over your land for any reason, would you be happy to let them?
Not trying to be nasty, just playing 'Devil's Advocate'. Crucially, you have made no mention whatsoever as to how you ever came to be allowed (by the bc) to drive on their private road in the first place?
The fact is, you legally have no right to do so, not unless you at least have a (written) authorisation? I very much doubt you do? It sounds like the bc have allowed you out of the proverbial 'kindness of their hearts' to drive on their road.
You should also - urgently - contact your local highways authority to find out exactly where you 'stand'? Sounds like you and the bc don't have a great relationship, which, if true, you ought to try approaching them - politely - with a view to mending bridges because it also seems that you need them on your side more than the other way?
If, say, the roles were reversed and the building company wanted to drive over your land for any reason, would you be happy to let them?
Not trying to be nasty, just playing 'Devil's Advocate'. Crucially, you have made no mention whatsoever as to how you ever came to be allowed (by the bc) to drive on their private road in the first place?
The fact is, you legally have no right to do so, not unless you at least have a (written) authorisation? I very much doubt you do? It sounds like the bc have allowed you out of the proverbial 'kindness of their hearts' to drive on their road.
You should also - urgently - contact your local highways authority to find out exactly where you 'stand'? Sounds like you and the bc don't have a great relationship, which, if true, you ought to try approaching them - politely - with a view to mending bridges because it also seems that you need them on your side more than the other way?
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