Development permission over shared access

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    Development permission over shared access

    I have an unusual situation, I live in a property in a private cut de sac of 5 properties. Property No.1 owns the substrate of the driveway and the other 4 properties own the surface and have right of way over the driveway. Property No.1 wants to build another house on their land and use the driveway but they own the substrate not the surface - are they allowed to do this?
    Thank you in advance
    David

    #2
    Depends if the property at No.1 has a right of way granted over the private road.

    It would imply that No.1 owned the road but transferred the surface to the other four owners who have responsibility for the maintenance of the surface.

    Any decent solicitor would have included a reservation clause in the transfer stating that No. 1 had reserved a right of way at all times and for all purposes.

    That will include the right to develop the whole property that comprised No. 1 at the time of the transfer.

    Some local planning authorities only allow 5 dwellings to use a private drive, so it may be that planning permission may not be granted for a sixth house, but that is not the same as whether such a house can use the road, since planning law and land law are separate matters.

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      #3
      If they have right of access over the road then yes they can, a house built in the garden also has that right.

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        #4
        thank you for all your help
        David

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