Issues with access to private road

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    Issues with access to private road

    I would really value some advice, and please forgive the long-ish post, but even after a lot of research I can't find the answers I need. The issue is with a property where its rear garden backs onto a 'private (dead-end) access road for the garages at the rear of mine and my neighbours' properties. The property's rear fence has been taken down and the managing agent for the property said he just needed access to carry out 'some building work'. Myself and my neighbours were initially accepting of his need to access the road for this purpose, but it transpires that in truth his plans are to build a car parking area over the old garden, and also to carry out a basement conversion on the house. (The property in question is divided into multiple premises, and is essentially an HMO). I am checking with the local Council tomorrow on whether he has planning permission for the basement, as my search on their website was inconclusive.

    The managing agent, his builders and a number of residents at the property are now all regularly using our road with multiple vehicles, often parked and blocking access to / use of the road. Myself and my neighbours have politely asked numerous times for them to be more considerate about their use of the road, but they now refuse to listen to us, and claim 'we have no rights to the road, and they have right of access and can do what they want'. The managing agent and his builders have recently also taken to being very aggressive to me, making threats to me and my property 'if I try to do anything to stop them having access', and have recently abandoned a vehicle (with tyres let down) where I would normally park, which is the closest area to their rear garden space, The threats became so severe last week that I have now needed to involve the police. (Those being aggressive to me know that I'm a single female who lives on her own, and I imagine this is why they believe it will be easy to bully me!)

    So, my question is, how can we determine whether the other property has access rights and / or the right to future access? I'm assuming the road isn't 'adopted' as the Council don't maintain it, But from my research it appears that even if the road is unadopted it may still be classed as a public highway that anyone can access.

    I would really appreciate some help in resolving this!



    #2
    I would be surprised if it was a public highway, but, if it is, there is no right to park on or obstruct one, one only gets the rights to pass and re-pass.

    Private rights should be in the title deeds of both the land itself and the land that has those rights. It is possible that the former is too old for the Land Registry, but it would be unusual for the latter to be.

    Comment


      #3
      Hi leaseholder64... Many thanks for your reply! I've today reviewed mine and my neighbours' deeds (using the Land Registry online service) and we all have easement access.The deeds for the property which is carrying out the building work states that 'the land is subject to easements and rights as by a Conveyance of the land in this title dated.....', but it doesn't state what those easements and rights are. All other deeds detail their easements. Do you know how I can find out the detail for the other property?

      Comment


        #4
        I think that means that the property with the work actually owns the land in question. You should be able to request a copy of the transfer deed from the Land Regisry.

        Comment


          #5
          The chances are the access road is owned by an unknown owner.

          The only person who can grant a right to the people round the back is this unknown owner.

          Conversely, the only person who can stop them doing what they have done is the unknown owner.

          Please, move forward. Forget any atttempt at stopping their use of this road, and instead focus around getting some contribution for maintenance to it.

          Comment

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