access through unadopted road

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    access through unadopted road

    I live in narrow deadend unadopted road. We love it as kids can play out front, we have street parties and sit in street for cuppa and cake on regular basis. Now we've heard that land owner whose land meets our rd at half way point (seperated by wall) wants to build several houses with the entrance to this development through our rd. Not only will we lose parking but we will lose our valued community. Any advice?

    #2
    Perhaps get something in return from the landowner? How about he agrees to resurface the lane after all the building work is finished.

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      #3
      Originally posted by wiz66 View Post
      Not only will we lose parking but we will lose our valued community. Any advice?
      None of those are valid reasons. But the important question is: Who owns the private road at the moment, and has the plot that is supposed to be developed any easements over that road?

      Everything else is just faffing around.

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        #4
        I can't see the new entrance to several houses being more than 1½ car lengths ( 9 to 20 foot ) which means you may lose 2 parking spaces.
        Do your houses not have drive ways ? I have never lived in a property that does not have a driveway.

        If the road belongs to your clump of houses, verified by deed, then probably you could make it into a Toll road. £ 100 per year from the new houses ?

        If the road does not belong to you via a deed and shown on the Land registry, there is not a lot you can do.

        Alternatively, depending on who owns the road, you widen it ( probably onto the land owned by the the developer, ) to give you those parking 2 spaces back.

        If it' IS your road legaly, you can prevent access, but unless you won the lottery recently, I don't advise it.

        But to use a "Road" for street parties is not realy an excuse to deny access, is it, realy ?

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          #5
          Originally posted by ram View Post
          £ 100 per year from the new houses ?
          Per day, rather?

          If it IS your road legally, you can prevent access, but unless you won the lottery recently, I don't advise it.

          But to use a "Road" for street parties is not really an excuse to deny access, is it, really ?
          If the road is owned privately then preventing access is relatively straightforward, unless there are easements of access (or prescriptive easements). This really depends on the circumstances but given a developer has bought this plot I would assume they probably made sure they have a legal access route to their plot so maybe not an easy win. Worth checking though.

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            #6
            None of us are sure who owns road itself. When I bought my house I was told we owned the bit in front of our house and had to pay extra for a contract that guaranteed neighbours (and ourselves)would not block access through their part. Its only used by residence of our street as no thru access.

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              #7
              Originally posted by wiz66 View Post
              None of us are sure who owns road itself.
              the road is "unadopted" meaning by the council, so you or the owner maintains it, not the council.

              Best you find out who owns the road, as it could well be the land owner building the houses already owns the road, and was the one that sold the land your houses sit on !

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                #8
                Also the road is extremely narrow...just wide enough to park with windmirror touching wall and barely enough room for car to pass with out touching house wall (I actually have to close windows for my neighbour to pass with their car!). We're used to it so it's not a problem for us but anyone unfamiliar with road struggle with its width and cars are dammaged. Its not wide enough to turn into another rd (if they built one) without losing additional spaces next to entrance. Currently the other land owner had access to his small business across a private car park but they are threatening to retract that access if he changes land use from commercial to residential.

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                  #9
                  He definitely doesnt own any of our rd. He owns land which used to be back of carpark for a club/dance school on another road.

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                    #10
                    Read all these posts again, and act on the advice / thoughts / possibilities / recommendations / as without knowing who the road owner is, this thread is at an end.

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                      #11
                      Just because a road is unadopted does not mean it is not a public highway. The position can be checked with the highway authority.

                      If the road is not a public highway then ownership is all important. It is only the owner who has the legal standing to prevent unauthorised use. If the development land has no right of way and the frontagers do not own the road they cannot prevent its use to get to the development land. However, unless the buyer has an incompetent conveyancer, no one is going to buy land they cannot get to.

                      Determining whether the frontagers own any highway abutting their properties can be difficult. The presumption is that each frontager owns up to the midline of the road coextensive with the frontage of his property. The presumption stands until someone proves the contrary. Looking at a Land Registry plan is not conclusive even if the road is shown as included. Land Registry plans show general boundaries only.

                      The presumption is rebutted if:

                      (a) it can be shown that at the time the land was sold off the seller did not own the road

                      (b) the sale off deed granted a right of way (or for that matter any other right) over the road

                      (c) the road was expressly excluded

                      (d) there was some other indication in the sale off deed that it was not intended to include the road

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                        #12
                        Remember it gets even more interesting once we're talking about prescriptive easements.

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