Access to my rear garden- can owner develop access?

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  • Access to my rear garden- can owner develop access?

    I'm moving in with my new husband and i want to rent my property out through an agent (all this i understand so far) but i'm concerned as there is a plot of land behind my property that is pending planning permission.

    I live in a row of terraces and at the end of the row nearest my house is an access area for the residents to get to their back gardens, now the builder who has purchased the land (and owns the end terrace next door to me) has included this access on his plans. I have been made aware of the fact that all 15 terraces own a section of this access (which would also include the builder as a 1/15 owner), can he use this as access to the house he wants to build, when he doesn't exclusively own the land?

    I have tried the council for advice but they are telling me its a civil matter and they can't help, so i'm after abit of advice because i know noone will want to rent from me with a building site behind the property

  • #2
    It will depend on if, when he purchased the land he also gained the rights to access the land via the driveway.

    I was looking at doing this myself only a few months ago, and was told ( Not proven ) that I could have access over the driveway.

    If it is of great concern, then go to the council and view the full plans, you can also get access to the HMLR website and download a copy of the site plan for the building plot. This will show you if he has rights with the land.

    I don't know the situation if he only has rights with the end terrace property, if he can transfer those rights to the plot without the other owners OK.

    With regards to not being able to let a property with a building site at the rear, i'm not so sure that that will be a major issue for some tenants. Just look at new developement sites!

    Don't forget you can always submit a written objection to the plans ( if you have any valid reasons )


    • #3
      I agree with Colincbayley.
      Loopylou: what rights ("easements") does your property have over the land?
      JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
      1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
      2. Telephone advice: see
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      4. *- Contact info: click on my name (blue-highlight link).


      • #4
        The key point here is do you and your 14 perspective neighbours, actually OWN the piece of land between you or are you only allowed a right of way across it to access you back gardens.

        If it turns out you all actually "OWN" the land, then the planning application that would have been submitted will be flawed. This is because while anyone can apply for planning permission on any piece of land, even if they don’t own it, they would be required when the planning application is submitted to fill out either Certificate A or Certificate B (as part of the planning application). Certificate A is for;

        Certificate ‘A’ is appropriate if you are the freehold owner of all the land/property to which your planning application relates and no part of such land/property is leased to any other person(s) for an unexpired period of 7 years or more from the date of the application.

        While Certificate B is for;

        1. you are not the freehold owner (ie. You are the tenant, prospective purchasers, leasehold owner or otherwise), or
        2. you are the freehold owner but all or part of the land/property is leased to any other person for an unexpired period 7 years or more from the date of the application. Where Certificate ‘B’ is appropriate, Notice No. 1 must first be completed and served on the appropriate freeholder or leaseholder.

        If the incorrect certificate has been filled out then the application will need to be withdrawn by the applicants, and the application re-issued.

        Bear in mind, that if it is envisaged that no buildings etc will appear on the piece of land in question i.e. it will be merely used for access to land that the applicants solely control, then the application will be determined/declined based on relevant planning policy, and you will need to seek legal advice concerning the "right" of the applicant to use this piece of land for access to the development.


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