Unadopted Road Maintainance

clutterbug_2

That's how I take it too

clutterbug_2

I need to make sure we have rights though.

System

That entry on his deeds make no mention of the lane so you still can not stop him using it. Only the owner can stop him, assuming that he hasn't already gained prescriptive rights.

That entry sounds as though somebody was trying to limit him to only building a garage on that land and doing during the daytime only (to minimise annoyance to neighbours?). Does ALL the blue land belong to him? If not then it allows him to access any of it for the erection and maintenance of his garage.

clutterbug_2

This is what it states on our deeds, which directly reference the unadopted road;

"together with (a) such right of way over and along the road leading from 'main road' aforesaid to 'unadopted road' as is appurtenant to the said premises (b) the right for the purchasers and their heirs and assigns owners for the time being of the said messuage hereditaments and their tenants and occupiers at all time hereafter and for all purposes connected with the use and occupation of the said messuage as a privat dwelling house but on foot and with or without barrows or hand carriages only to pass and repass over and along the footway or passage leading from the back of said messuage to the said road leading to 'xx hill' [this is land at the top of the unadopted lane] aforesaid and (c) the right to use jointly with the occupier for the time being of the messuage and garden Number 22 'main road' aforesaid sewer or drain and water pipe laying under the last mentioned hereditaments and heretofore used for the drainage of and conveying after to the hereditaments hereby conveyed."

His deeds do not mention the road at all.

The road as far as I can find does not belong to anyone.

clutterbug_2

I know it's really really wishful thinking but the point A translates (I needed to look up appurtenant) says "such right of way over and along the road leading from 'main road' aforesaid to 'unadopted road' as is 'belonging' to the said premises."

I'm very much guessing it doesn't mean we own the road but that would be great!

System

The road WILL have an owner. It's just not you or the other person.

This means that neither you nor anybody else that is not the owner can not prevent him using the road. It also means that you can not force him to pay for the maintenance of said road.

mrschaucer

Whoever sold you the house must have had these rights over the road or they wouldn't have been able to transfer them to you in the deeds. Did the developer, or whoever bought the land originally from the quarry, keep title to the actual road and then just transferred various rights to the new buyers over the said road? Also it looks like you don't have the right to DRIVE over whichever bit of road is being referred to above ...

clutterbug_2

There is something else written somewhere about access but can't seem to find it al the moment.

We still don't know the history of the access to the lane. Trying to figure it all out. It's so confusing!

This guys house originally NEVER had any access to the property via the lane and at some point the wall at the back of the land was taken down and access got via the lane, which has ticked off another neighbour because this was not supposed to be allowed.

G_M

For once I agree with Timmy.

Unless you can provide far more detail.
* We'd need to see the Plans. Which bit of road = 'main road', 'unadopted road', 'footpath' etc
* whose deeds say what exactly - seems like your provide greater rights than his... but full wording of each needed
* how many other properties involved? what do their deeds say? How do they relate to the layout on the Plan?
* history - who provided these rights? Inherited them? Who 'owns' the road in question?
* does anyone's deeds mention maintenance costs? Obligations?

I'm guessing these are are pretty old documents, and the road in question may well not be registered land, which might make tracking down the owner difficult. Local contacts? Elderly postmistress who's lived there for 70 years?........

clutterbug_2

There are 6 properties involved, and I have the deeds for 4 of them, not the plans. Think this is going to cost me a fortune ;(