'unfair' request to contribute to road or lose access

b.x1980

Hi

We have lived in our house for just over a year. When we were buying the property our solicitor investigated our right of access to our property (is on a private road) but apparently we have rights of access. The house does not have a froint garden as such but there is a boundary marked with bricks about a metre in front. For the row of cottages it is the same all along. Some have built a small porch over their front door we have a toough type thing that seems to have been there for many years and is fixed to the ground. It does not go over the line of bricks on the ground

Yesterday we received a letter (not from a solicitor) from 2 people claiming to have 'bought' the road in front of our house and stating they were going to re-tarmac it and we had to contribute or would lose the right to use the road. They also have said that all temporary structures must be removed as it is on 'their' road and have given us 3 weeks to remove or they will and charge us accordingly. This brings the road literally up to our front door. From speaking to the neighbours there is a piece of land that the new road owners have at the end of this lane (it only is used for access to our row of cottages and this piece of land) and they have lorries going up and down it each day which already come close enough to our house. As ide from this the lane is only used by residents to access their property.

I guess what I am asking for is advice on how to proceed with this - I mean can someone just 'buy' your right of access in front of your house and hold you to ransom over it? Can they make us rmove the trough in front of our house with 3 weeks notice assuming they are in the right? Is it possible to take out a policy or obtain protection to keep right of access to our property?

Now as it happens we can access our property form the back and actually use this a lot-however I dont this is really the point as normally the front door is the main way to access a property. My other concern is how this is going to affect us when we sell the property as are hoping to in a couple of years when we start a family.

Apologies if I am in the wrong forum, this is the first time I have posted and this seems to be the best matching one as we have only been here a year,

many thnaks in advance for any advice,

Doozergirl

No they can't. If your deeds state a right of way, then they certainly can't. Even if it is not in your deeds, If you and your neighbours can establish that they have been using it as a right of way for more than 12 years then it can be formalised. Even with that marking off with the walls and porches etc, there is the possibility of claiming adverse possession of those areas individually.

If any of you have legal cover with your home insurance, I'd get on the phone now.

There is also another forum on the interweb called 'garden law' which is perfect for your query.

poppysarah

Does it need resurfacing?

b.x1980

Thank you doozergirl will definitely do that and have contacted the previous owner to find out how long the trough has been there.

Poppysarah - the road would benefit from resurfacing but more fir their benefit with the lorries rather than us as residents. However if we have to contribute will have to but considering where we are in relation to the road it should be a very small % of costs.

princeofpounds

weird, thought I had typed a reply to this already.

Look at your deeds and title plan. they might contain references to your obligation.

Then try to find the relevant deed and title plan for the people who claim to own the road, that might also say something. (Land registry, costs £4x2 if you can locate it).

Get together with your neighbour to avoid duplication of legal effort and expense.

It's very unlikely the could deprive you of your right of way (Assuming you have one, but it would be odd if you did not even if for no other reason than long-term usage). It's possible they can force you to contribute to maintenance of the road, but not necessarily upgrading. Depending on the title plans and how long it has been there it's unlikely they can dismantle your 'structures', certainly not right away.

You should get legal advice on this as it is not easy to handle yourself.

How long have you been there? How long have your properties and the 'structures' been there? Are the 'structures' in your land or in the road land according to your title plan? Are you aware of any covenants regarding the road?

DVardysShadow

Take photographs of your front now.

G_M

Much depends on the basis of your right of way, and whether you have a duty to contribute to maintenance. As said above, definition of 'maintenance' (Vs 'improvement' might need a legal adjudication.

Start with your Title Deeds and check for associated Conveyances they refer to, then look at the wording of those.

Then look at the Title for the road, who owns it, what Conveyances are referred to there and what they say.

All can be obtained from the Land Registry.

Get together with neighbours - pointless wasting effort/expense and it's less stressful sharing the problem too.

At some point it sounds like you'll need legal advice, but the more background info you have the more you can reduce the cost!

This reminds me somewhat of a query I had (here) looking at similar scenario but from the other side! Still unresolved!

prudryden

The Natural Environment and Rural Communities Act 2006

May or may not be relevant - the attached is worth a read. Definitely, get a seriously qualified lawyer to assess and advise.
http://www.legislation.gov.uk/ukpga/2006/16/section/67

DVardysShadow

prudryden wrote: »

The Natural Environment and Rural Communities Act 2006

May or may not be relevant - the attached is worth a read. Definitely, get a seriously qualified lawyer to assess and advise.
http://www.legislation.gov.uk/ukpga/2006/16/section/67

Your link is about Public Rights of Way. The road in question is private and the rights of way the OP is concerned about will be private, regardless of whether they derive from deeds or use over a number of years. It is interesting, but I believe misleading for OP.

b.x1980

Thanks..
Yes I will certainly take phots and of the row to show that it is the whole row not just us where the boundatry line seems to lay.

We have been here just over a year so have contacted the previous owner as to whether they have had any issues in the past. They said the trough has been there since he bought the house (1999) and was almost certainly there for a few years before as it was an established flowerbed.

The deeds from around 50 yrs ago state that maintenance must be paid but not exceeding £500. I am not sure if it is meant to rise in 'real' terms but looking at the more recent purchases since the 70's there doesnt seem to be any extra in there.

I have a feeling we may have to contribute and if we do we do, but I will certainly investigate the upgrade/maintenance angle and any capping on them. As certainly are not able to afford anything more than a few hundred.

Through the neighbours we are going to write a letter to establish the following:
on what grounds they believe we should contribute
-where they believe the boundaries are
-on what basis do they believe they a) have right to remove our right of way and b) can potentially access 'our' land to remove the said trough.

Once that information is established I/we can then approach a solicitor. Either as a group or individually but yes that is a good idea to split costs between us - though that may affect going though house insurance?

the land registary drawings with the deeds do look like the house goes to the road but they are hand drawn what I have and the bit of land is no more than 2 foot. If it were the case then I literally would need a mirror on the other side of the road to be able to exit my house safely!! However I shall certainly contact them as I will be able ask for measurements etc

Also it is the only legal right of way we have to our house. The back access belongs to Thames Water and we have access because it has not been challenged in over 40 years or something so our original solicitor has something in our deeds which means we can use it - however it is not the official right of way.

Thank you all for your advice so far. I actually feel now I can do something constructive.

prudryden

Sorry - Somewhere in the same legislation it actually mentions private right of way and I thought it also mentioned public right of way over private land. Like you, I think that case history on this subject would be extremely interesting to read, but might need some expert legal opinion to evaluate the case histories as well as lay imput from Martin's followers. I certainly wasn't trying to mislead, thus my comment about relevance. Well spotted!!