ChatterBank1 min ago
Right Of Way
5 Answers
A housing association want to build a few houses on a grassed piece of land near my house. The last house on their plans is being built over a small entry/ passage way that leads to the back of a number of houses.
They want to give us a small passage way at the side of the end house. This would cause loads of problems for a number of houses as we have to put our recycling bins at the pavement to be emptied.
My question is IF this driveway/ passage way is on the deeds of the houses do they need mine and other people to sign this over before they can start to build the houses.
I have been told that so long as it is no smaller than the one on the deeds there is no problem in them moving and doing this, Is this true
They want to give us a small passage way at the side of the end house. This would cause loads of problems for a number of houses as we have to put our recycling bins at the pavement to be emptied.
My question is IF this driveway/ passage way is on the deeds of the houses do they need mine and other people to sign this over before they can start to build the houses.
I have been told that so long as it is no smaller than the one on the deeds there is no problem in them moving and doing this, Is this true
Answers
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I had an accident a few years back and the council said the land was owned by about 9 houses ( my neighbours )
They have marked out the land for the building of the houses and the sixth house is where the kerb drops down which is our official entrance to get to the rear of the properties.
the grass has covered over this part and we all use land where another house was pulled down but the gap on the plans will mean we have no place for our bins.
We have had problems in the past because we can't put the bins at the kerb due to parked cars so we eneded up having no bins emptied for a few weeks.
We all use the back entrance to the properties that is why i am asking this question. We use to be able to drive round to the back of the properties and
a couple use to park their cars behind closed gates at the back of the properties.
They have marked out the land for the building of the houses and the sixth house is where the kerb drops down which is our official entrance to get to the rear of the properties.
the grass has covered over this part and we all use land where another house was pulled down but the gap on the plans will mean we have no place for our bins.
We have had problems in the past because we can't put the bins at the kerb due to parked cars so we eneded up having no bins emptied for a few weeks.
We all use the back entrance to the properties that is why i am asking this question. We use to be able to drive round to the back of the properties and
a couple use to park their cars behind closed gates at the back of the properties.
From the way I read your question, about nine people own various parcels of a plot of land that they all propose to individually sell to a Housing Association who would then build houses on the whole piece of land.
If you have anything worthy of a legal claim to a right of way, it will be on your Land Registry title (or deeds if not registered). It will explain the nature of your access entitlement and it should be cross-referenced on your title plan to show the general position of the access points and the route over the land.
If it isn't there, you haven't any hope of a claim unless you've been doing it for over 20 years continuously, when you could seek to claim any easement now (but you'd have to employ a solicitor to help you do it).
If it is shown as I describe, you should contact the owner(s) of the land to point out your right.
If they want to move the access (other than by a tiddly amount), they are going to have to ask your permission officially, and get the position of the new easement officially registered both on their land title and yours.
The business about the width is possibly more problematic and it will depend on what the words on the Title Register / deeds actually say. One can't go scaling a width off the title plan. It might say 'the right to pass/repass on foot' and whatever. If it does but there is no width specified, you are in for employing a solicitor to help, i'm afraid, if you want to seek to defend a specific width. One possible advantage for you could be that HAs do not often go about deliberately alienating communities in the areas in which they do business, so contacting them may result in them being understanding.
Finally I suggest you deal with this BEFORE the HA does any deal with the land owners, as what will happen is that planning consent will be obtained first - and the route of this right of access needs to be considered in the context of the planning (although it has no direct bearing on the planning decision).
If you have anything worthy of a legal claim to a right of way, it will be on your Land Registry title (or deeds if not registered). It will explain the nature of your access entitlement and it should be cross-referenced on your title plan to show the general position of the access points and the route over the land.
If it isn't there, you haven't any hope of a claim unless you've been doing it for over 20 years continuously, when you could seek to claim any easement now (but you'd have to employ a solicitor to help you do it).
If it is shown as I describe, you should contact the owner(s) of the land to point out your right.
If they want to move the access (other than by a tiddly amount), they are going to have to ask your permission officially, and get the position of the new easement officially registered both on their land title and yours.
The business about the width is possibly more problematic and it will depend on what the words on the Title Register / deeds actually say. One can't go scaling a width off the title plan. It might say 'the right to pass/repass on foot' and whatever. If it does but there is no width specified, you are in for employing a solicitor to help, i'm afraid, if you want to seek to defend a specific width. One possible advantage for you could be that HAs do not often go about deliberately alienating communities in the areas in which they do business, so contacting them may result in them being understanding.
Finally I suggest you deal with this BEFORE the HA does any deal with the land owners, as what will happen is that planning consent will be obtained first - and the route of this right of access needs to be considered in the context of the planning (although it has no direct bearing on the planning decision).
buildersmate thank you for your reply, I live in a row of terraced houses,It does not involve selling any land.
it is the access to the back of our properties that is the main problem as we all have to bring our bins (4 each ) round to the front for recycling
the access to the back was wide enough for a lorry with waste skip to drive round
Where they are planning to build new houses the sixth house is over our right of access
We will end up with a small little entry ( size not known but it looks like one car width) so no space to get round the back. Next door has asked the size and they said they did not know the exact size.
The big problem is bin day when there can be up to 18 bins out if we all put them out. if the bins are not next to the pavement they do not get emptied.
I have lived in this property for the past 25 years and to be honest if it did not have the access as we have know i would not have bought the property.
Once again thank you for your reply.
it is the access to the back of our properties that is the main problem as we all have to bring our bins (4 each ) round to the front for recycling
the access to the back was wide enough for a lorry with waste skip to drive round
Where they are planning to build new houses the sixth house is over our right of access
We will end up with a small little entry ( size not known but it looks like one car width) so no space to get round the back. Next door has asked the size and they said they did not know the exact size.
The big problem is bin day when there can be up to 18 bins out if we all put them out. if the bins are not next to the pavement they do not get emptied.
I have lived in this property for the past 25 years and to be honest if it did not have the access as we have know i would not have bought the property.
Once again thank you for your reply.
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