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Garage access query
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Markyt
Posts: 11,864 Forumite
Apologies if this is in the wrong place, if so mods please move.
I live in an end terrace, of a row of three. I have a large garden with a garage on it, and I pay the council a yearly amount for a right of way agreement.
To reach the house, I have to drive between two rows of terraces from the main road. This area is currently used for parking, and a large proportion of it was formerly used as a shop. Only the footings remain, and this has been the case for some decades.
This land is now up for sale, and we have heard visitors talking of 'room for two houses' on it. If this occurs, then the access may well be blocked. This area is, I think, classed as 'unadopted' by the council, or at least the area around where the building was is.
As far as history goes, i have lived here 5 years and always paid the annual access agreement. I understand the previous owner also did, and the other two houses in the road have also had access for at least the last decade (and possibly a lot longer).
To cut it short, are they pulling a fast one? Is there any hope of building on it? The area goes to auction in a month (no reserve, and no indication of planning consent being possible unlike other listings at the auction)
Ta!
I live in an end terrace, of a row of three. I have a large garden with a garage on it, and I pay the council a yearly amount for a right of way agreement.
To reach the house, I have to drive between two rows of terraces from the main road. This area is currently used for parking, and a large proportion of it was formerly used as a shop. Only the footings remain, and this has been the case for some decades.
This land is now up for sale, and we have heard visitors talking of 'room for two houses' on it. If this occurs, then the access may well be blocked. This area is, I think, classed as 'unadopted' by the council, or at least the area around where the building was is.
As far as history goes, i have lived here 5 years and always paid the annual access agreement. I understand the previous owner also did, and the other two houses in the road have also had access for at least the last decade (and possibly a lot longer).
To cut it short, are they pulling a fast one? Is there any hope of building on it? The area goes to auction in a month (no reserve, and no indication of planning consent being possible unlike other listings at the auction)
Ta!
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Comments
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If you can prove access has been used for over a number of years, I believe it then becomes a prescriptive right of way and cannot be interfed with, Richard Webster would be best to advise here.
Best thing you can do is to get testemonials from those that used the ROW before.
Have a google......Pawpurrs x
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Ta. i've just spoken to the neighbours, who have stated the guy who owned the house before me used the land for parking for well over 20 years. he also paid the annual fee to the council, so at least they should have records if proof is needed.0
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If you pay an annual fee then you are acknowledging the other person's ownership and rights and so you can't obtain a right by prescription. That's why they ask for the fee!RICHARD WEBSTER
As a retired conveyancing solicitor I believe the information given in the post to be useful assuming any properties concerned are in England/Wales but I accept no liability for it.0 -
Thanks Richard, I wasnt sure on that point, thanks for clearing that up.
I have a question for you, would you mind if I pm you?Pawpurrs x0 -
Richard_Webster wrote: »If you pay an annual fee then you are acknowledging the other person's ownership and rights and so you can't obtain a right by prescription. That's why they ask for the fee!
Fair enough, but the annual fee is paid to the council, not to the owner of the land which I cross. The owner has never attempted to prevent access.0
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