Private road- right of way

[Swimmer65]

I need help.The rear of my house has a dropped kerb, driveway and access.It leads onto an unadopted/private road. The residents of this road have denied me access/egress to my drive as they own the road. They park right up to the boundary which blocks my way. They have posted a letter through my door saying they have saught informal legal advice and will not grant me access.Where do I stand?I only want occassional access/egress

[rebel11]

Hi swim

 

Welcome to CAG

 

The guys will be happy to advise as soon as they are available.

 

Thread moved to the correct forum.

[Michael Browne]

If you have a right of way to access your property it will be in the Land Registry entry for your property. What does that say?

 

Otherwise, failing that, the owners of the private road have a perfect right to prevent you trepassing their land.

[Michael Browne]

Previous to their letter, for how long had you enjoyed access to your property without hindrance. If you can prove that you and/or previous owners had unfettered access for 20 years, you may be able to acquire a right of way across their land by prescription

[Swimmer65]

Hi.Thanks for replying.The neighbours showed me a letter (dated 1997) from the council, stating that the road is privately owned, it doesn't say who owns the road and neither does it mention access/egress, or rights of way. It just says the owners (who-ever they are),pay for the upkeep and maintainance of the road. The neighbours have threatened to take me to court, approx 6 months ago, so I gave them my solicitors details to contact him, but to this date, I have heard nothing.The neighbours have held a meeting which I was not allowed to attend. Two of the house owners gave me permission to use the road as access, we shook hands in a gentlemans agreement, but after the meeting one neighbour went back on his word.There is a dropped kerb at the rear of my house, this was put in by the local council, but I don't know when it was put there.Any advice is really appreciated.Thank you.Swimmer65

[Andy77799]

Would it be possible to ask the price for a share in the road??? Just a thought?

[Swimmer65]

Hi.Thanks for your reply.I have offered to pay an equal share, this has been declined.Swimmer65

[Andy77799]

Snobby xxxxxxx then but someone may come up with a reason that the decline is a good thing, only guessing though, good luck.

Edited October 27, 2011 by ukaviator
Edit language

[crem]

When you bought the property didn't your solicitor validate rights of access etc?

[Swimmer65]

Hi.Under the searches, The Registrar of local land (dated 2008), when I bought my home, states that the road at the back of my house is adopted, but the letter from the council (dated 1997) to the neighbours say the road is private. So, at this moment I dont know which is correct. My solicitor was unaware of any access problems, as nothing came up under the searches. If a mistake/ oversight to wether the road is adopted has been made by the local council, what options do I have? swimmer65

Edited October 26, 2011 by Swimmer65
Additional info

[crem]

I think this needs an official legal enquiry.

 

I would start back with the solicitor who handled the purchase for you and raise your concern that there is doubt regarding the validity of the document produced at the time. At the very least, if the council document is found to be wrong, then you may have some recourse against them as this information would have proved to be crucial to your purchase at the time.

[patdavies]

Council would not have paid for a dropped kerb on a road they are not responsible for maintaining.

[green_and_mean]

Council would not have paid for a dropped kerb on a road they are not responsible for maintaining.

 

The Council doesn't pay the householder does.

[crem]

The Council doesn't pay the householder does.

 

True, but I don't think they would have installed the dropped kerb on a private road no matter who was paying.

[Old Snowy]

If the searches were only done in 2008 I would write to the council for immediate clarification of the status of the road. If you go back to your solicitor you will only incur expense.

 

Are you certain that the dropped kerb was installed by the council? If not, it may well have been installed by a previous occupier and, depending on the legal status of the road, this may have required planning permission. Many councils have their planning databases online some of which have details going back into the early nineties. A search of such a facility yourself may provide an answer.

[green_and_mean]

True, but I don't think they would have installed the dropped kerb on a private road no matter who was paying.

 

A drop kerb is installed to cross a footway that is a right of way for pedestrians the fact that the carriageway is maintained by the residents doesn't take away the right of way of foot. We really need to see the planning map of the area trying to guess whats going on isn't going to help. I would suggest this is needing the services of a solicitor, even if we all agree he has access its not going to stop the residents stating otherwise.

[Michael Browne]

We really need to see the planning map of the area trying to guess whats going on isn't going to help. I would suggest this is needing the services of a solicitor, even if we all agree he has access its not going to stop the residents stating otherwise.

Or as I suggested in post#3, the Land Registry entries for the OP's and other properties adjoining the private road will reveal a) ownership b) any rights of way. The title register and title plan can be downloaded for £4 each.

[ashmk]

With regards to post 4, my local bbc radio station consumer program covered a story where devolopers brought some land that backed onto the callers property. The caller had used rear access for over 20 years but the new owners decided this was to end as they wanted to build houses that back right up to the callers property.

I don't know the legal in's and out's but it turned out that because the caller had used this access for over 20 years then the new owners/devolopers had to leave the callers access in place.