Installing services in private road with no owner

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    Installing services in private road with no owner

    Hi,

    First post, really hope someone can help...

    In Scotland - I live on a private road (unadopted) with 11 other houses. We all have rights of access (detailed in our titles) to our respective houses via the road, along with an obligation to maintain the road. There is no known title owner of the road. There is a plot of land immediately adjacent to the road (in the garden of one of the houses) which has planning approval for construction of three new houses. My questions are:

    - Will the buyer / developer of the plot need a right of access to the plot (or will it already have a right of access given that it's part of a garden that has rights of access)?
    - Will the buyer / developer of the plot be able to install new services (drainage / mains water etc) through the private road to the plot?
    - Will any of the 11 houses on the road (all frontagers) have a legal right to stop the access and installation of services (e.g. by assuming ownership of the road through the presumption of ad medium filum)?

    Many thanks.

    #2
    Hi try Registers Of Scotland via the web, useful source of info on land registrations etc.Its worth a few quid
    www.ros.gov.uk

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      #3
      Thanks for your reply but I have all the relevant title information already. I'm looking for some specific advice with regards my questions in the original post - ie if there is no known owner of the road, what if anything can the frontagers legally do to prevent access to the plot via the road and the laying of new services in the road. There is nothing in the relevant title (covering the plot) that gives the right to lay services in the road but if there is no owner can anyone prevent it (eg could ad medium filum be used)? All frontagers have a servitude right of access over the road to access their houses. Thanks.

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