Private Road Access

  • Filter
  • Time
  • Show
Clear All
new posts

    Private Road Access

    We are 5 properties on a private road, paid for and maintained by the 5 properties through a Residents Road Management Company. Each property owns a share in the Company and must allow access to property.
    The Private Road is a dead-end and the house at the end of the road has just been sold together with some paddocks. The new owner is proposing to apply for planning permission to build houses on the land which is against the wishes of the 4 remaining residents, Can we as the majority share holders of the Road Management Company stop access to these fields?

    A right of way is for the full extent of each dominant tenement, which is the legal term for each property that has the benefit of a granted right of way.

    The extent of the benefitted land is important if the paddocks are not currently part of the property granted the right of way.

    Then the right of way cannot be used to access the paddocks by arriving on the dominant land first and then continuing on to the non dominant land that does not have a legal right of way.

    That is established English law.

    if the paddocks were part of the original property then the right of way can be used to access all of the land so then one would need to consider the wording used when the right of way was granted.

    That deed of grant could have imposed conditions such as "access to single dwelling use only" or it could have stated "for all purposes"

    As individuals each of the four house owners could write and object to any planning application as long as planning matters are referred to in each objection letter.

    As directors of the Road owning company the right of way deeds need to be carefully looked at because that may be an absolute way of stopping access to the paddocks if these are separate pieces of land now acquired together with the original end property.

    Then it wouldn't matter if planning permission was granted, because Property law will allow the road owner to stop access to non dominant land.


    Latest Activity