Possible loss of access rights to my house!

vet8

I hope someone can help me with a rather unusual problem.

I have lived in my house for over 20 years. It is on an unadopted road which is actually a bridleway. The right of access over bridleways etc. was changed by the Natural Environment and Rural Communities Act 2006.
The local Rights of Way Officer has said that it is an offence to drive over a public footpath, bridleway or restricted byway without lawful authority. She says I have to prove I have the landowner’s permission to drive over the land to reach my house. This is impossible to obtain as the road was initially developed in the 1900s and none of the householders have anything written in their deeds about access.

To make matters worse, I am currently trying to redevelop a redundant farm building, all of my future financial planning depends on getting the planning permission. The Rights of Way Officer has said she will oppose that because of the access problem. However, two houses on my road have been granted planning permission in the past year, one for a large extension and one for a total knock down and rebuild into a much larger house.

Quite apart from that problem, I am concerned about any trouble I might have selling the house in the future or getting a mortgage on it. Can it be right that a recent change in the law has taken away my legal right to drive to my house and could ruin my chances of redeveloping a redundant building?

Premier_2

I'm pretty sure that the law existed before 2006 prohibiting the use of motor vehicles on bridleways. I'm sure bridleways were always intended for pedestrians and horses only (and to a certain extent pedal cyclists).

PoorDave

vet8 wrote: »

She says I have to prove I have the landowner’s permission to drive over the land to reach my house. This is impossible to obtain as the road was initially developed in the 1900s and none of the householders have anything written in their deeds about access.

Surely someone must own said piece of land and is thus able to tell you whether they give you the right of access.

benood

Do you know who owns the road land?

newlywed

Creation by Dedication

In England and Wales, a footpath, bridleway or restricted byway may be expressly dedicated by the owner as a public right of way. Furthermore, unchallenged use by the public, as of right, for at least 20 years, may give rise to a presumption of dedication under Section 31 of the Highways Act 1980. A presumption of dedication may arise under common law after any appropriate period of time. Paths created by express dedication since 1949 are not automatically maintainable at the public expense as a result of s.49 National Parks and Access to the Countryside Act 1949 [2].


Quote from wikipaedia : http://en.wikipedia.org/wiki/Bridleway


So if you have had unchallenged use of the path for over 20 years you may be able to argue - but I don't know if that includes car access


Note here suggests it has to be a "byway open to all traffic" to drive on, or else you need owner permission: http://www.southend.gov.uk/content.asp?section=477

Conrad

vet, you need specialist legal assistance I would imagine. As poordave points out someone somewhere, perhaps the council, owns this piece of land so your first task has to be to make contact.

A mortage lender has a couple basic principles when it comes to such matters;

1) Will any such restriction cause the property to have only a limited market (such is the case with agriculltral restrictions)

2) Could the owner of the access road cause a future adverse effect on value, for example could they suddenly demand £10,000 pa rent or deny you access?

Good luck on this one.

vet8

Bridleways were always intended for horses etc. BUT they were used by off- roaders who churned up the surface, that is why in 2006 this new act was passed. However, our road is a bridleway, but there are 20 or so houses along it and that is the only access to the houses.

The first houses were built in the 1900s by some company which is long defunct. There is no record at all of who owns the land. The road was described in 1952 as "potentially adoptable" by the local council, but apparently after that changed it a bridleway. We have all been driving to our houses for years of course and I would have thought we had established rights of access, but the Rights of Way people say no.

clutton_2

of course the right of way people will only tell you what they want to be the truth - i cannot imagine that a group of folks having used an acess for 20 years will now be "disenfranchised" as it were - if a few of you grouped together to go consult a solicitor to write a letter on your behalf - that may clarify your position

it only takes 12 years for adverse possession of land to come into force (ie i can claim unregistered land i am using as mine if i am not challenged by the owner of it in 12 years)

if your access land is not registered - it will be up to you all to prove that you had had exclusive rights to it for all these years - you need documents called "Statutory Declarations" which are statements sworn as truth from folks who have driven over it, delivered to the properties, lived there etc etc

some sols will give you the first half hour free

Premier_2

An easement cannot be created as a result of an illegal act. Thus the driving of motor vehicles across common land [or in this case a bridleway] does not create a private right of way.

http://www.boundary-problems.co.uk/maineasements.htm

As others have said, you need specialist advice as, for example, you may be able to claim an easement of necessity (see also above link), although I'm not sure if that includes motor vehicle access

Ian_Griffiths_Halifax

Is there nothing in your Deeds that indicates a Right of Access? Also, look at your Building Insurance Polcy. You many have Legal Services as an add on to you policy, which usually covers property disputes and as this is an access right dispute, I'd have thought you'd be covered.

zebulon

well you all (in your street) need to get horses kept at the end of the "road" - park nearby and go back and forth from your house with horses

of course could be bikes, with little trolleys, cheaper I suppose


no really, good luck:j