Unadopted Road Maintainance

clutterbug_2

There is an unadopted road that runs under half of our house - its in an arch - that then leads to parking areas and garages for six houses including ours.

Now, the road needs maintaining and I have spent hours, countless phonecalls and money digging up deeds, to have all but one household in agreement.

He seems to be finding any cause not to pay for the maintainance. Its working out at £666 per household for quite a bit of work, which really needs doing.

Can we legally make him pay for the maintainance seeing as he drives over it every single day?

Thrugelmir

clutterbug wrote: »

Can we legally make him pay for the maintainance seeing as he drives over it every single day?

Who owns the land?

clutterbug_2

No-one. It was an unadapted lane up to a quarry that is no longer there as it was split up and sold.

14Westfield

If the road only serves your development then erect parking barriers to pass under the arch. keys cost £666!

clutterbug_2

We can't close it off as its a right of way and an offence to restrict access. Already thought of that.

Richard_Webster

Check it is a right of way for vehicles, not just for pedestrians or horseriders/cyclists.

Is there anything about its use and maintenance in your title?

clutterbug_2

There is nothing about maintaince, and it says we have right of way under the arch to the back of the property.

I managed to corner the person in question tonight when he got home and he wants chance to prove that a boundary of a neighbour (which doesn't even concern him!) is wrong on the land registry, then if it is indeed wrong, he wants the boundary markings moved back and he will be. However this will no doubt p*ss off the other neighbour and they won't pay out. If he can't prove it, then he has agreed to pay up.

I hope he cant prove it!

clutterbug_2

After even more wasted hours, telephone calls and text messages, my husband confronted him (as I felt sick just looking at him as I was so angry) and he's now admitted - whilst stood in front of his new car!- that he thought it was too expensive. It was the cheapest of 3 quotes, none of which he bothered to get.

So, any ideas anyone?

The front part of the lane runs along the side of our house, so do we have a legal right to maintain that? It needs digging out and levelling, and we will be telling th bloke doing it to take his sweet time on it

clutterbug_2

Any idea what this means? It's in the deeds for the person causing the problems. Does is mean he can use the land mentioned to park on? The land referenced as transferred is land behind the house which is accessed by the lane that needs maintainance.

"full right and liberty from time to time at all reasonable
times in the daytime to enter upon the land hereby transferred so
far as may reasonably be necessary but not otherwise for the
purpose of erecting re-erecting and completing a new garage or
other building on the blue land and thereafter for the purpose of
inspecting cleansing repairing renewing and maintaining the said
building and its eaves spouts gutters and pipes but for no other
purposes whatsoever making good nevertheless at the Transferors
own expense in all respects all damage or disturbance which may be
caused in the exercise of the rights and liberties hereby granted"

G_M

Wierd. It means he can enter the land in order to build a garage/building, or to maintain it.

But "for no other purpose". Which is strange as that means he can't park there or use it to access his... garage!

Is that all his deeds say abou this road? If so, deny him access. If he wants temporary access to erect a garage, well, let him bring in the building materials, then deny him access again.

Does the deed say nothing else about his right of eay under the arch?

mrschaucer

Take with a pinch of salt if you like, as I'm no lawyer.
It sounds as though it's a provision for him to reasonably access "the land", during the day only, to build, rebuild and repair a garage. It wouldn't seem to give him the right to park on it.