Do you need permission to use a private road?

skintchick

I know it sounds obvious, but this road links two main-ish roads in my town and you can drive down it easily - there is no sign to say it is private.

The reason I'm curious is OH and I are considering buying a house that backs onto the private road. The house has no parking, but we could create some at the end of the garden, accessed from this private road.

Do we need permission to do this? If so, who from?

DVardysShadow

You need permission from the owners of the road. They may be difficult to find - they may have gone to ground, leaving the road unadopted.

I suggest you only offer the value without the access and you accept the risk of losing the access. Buyers from you if you get it may also find a problem if they are asked a price based on the value with access. But if you can find the owners, you may be able to resolve it or you may risk getting a flat No, which is harder to deal with than benign indifference.

skintchick

Apparently the next door neighbour has permission to do it but doesn;t actually do it, so the EA is quizzing him about it. But I wondered if you could just do it and see what happened. THe road has a council sign but doesn;t say private, although is obviously unadopted.

timmyt

Yes you do, otherwise it is trespass.

However, you can either get ask for permission by way of a Deed of Easement (and be charged no doubt) or just do it, and after 12 months - I think that is the minimum time but your lawyer can check the minimum requirements - you get your lawyer take out legal indemnity insurance for lack of vehicular/pedestrian access provided you have done so without consent or objection.

Don;t use a bucket shop for this legal bit, use a solicitor, they know what they are doing.

Good luck

skintchick

THanks Timmy. I'd rather pay for it to be honest - better safe than sorry. Hopefully we can find out how to do it as we don;t want the house without parking.