Right of Access on a private road

Pensioner67

Advice please:

My friend lives in what the County Council have confirmed is a private road ( a cul-de-sac). The access is via a tarmac 'road', the cost of maintenance of which is borne by the 4 householders living in the road.

My friend lives in the furthermost corner and I must therefore pass in front of two of the other properties to get to her driveway.

The owner of one of these two properties became awfully upset when I drove past his house and questioned why I was there and my right to be there, and suggested that as I was such a frequent visitor I should move in, and that I, or my friend, should bear the whole cost of maintaining the roadway.

My view is that my friend has a right of access to her property and, with her consent, so do any of her visitors. What I was doing there I feel, is none of his business and as long as I conduct myself sensibly, I do not see what he has to complain about.

Question: Does he have any right to restrict access to my friends property in this way? if so, surely he needs court action to enforce his view?

mikey72

No he has no rights to restrict access.
He's just a miserable git.

TrickyWicky

As mikey says, it's just a miserable old !!!! with nothing better to do than have a moan at someone. He obviously has way too much time on his hands.

No, there is no legal way to stop you. If they had a gate there which was closed and locked and you climbed over then you could be had for trespass however private land which has an access point means that you can 'stray' onto that land. If someone you know lives there then they have access rights as do their visitors such as friends, relatives, the postman etc.

lee678

does your friend own or rent ?
who of the 4 manages the cost of maintainance of this "road" [ neighbours usually nominate one to control the costs]
is the road in good condition or just fair ?
restricting your access would be very difficult, but watch out for dirty tricks, is the "road" a dead end road, or does it lead to a footpath ?

shaun_from_Africa

I also live in a private road, one in which the neighbours have to drive in front of my property, which is land owned by me, & I have to do the same with some of the other properties.

There is a clause in the title deeds about this stating that all properties have equal right of access on the road:

"Together with a full right of way for the purposes of access to and regress from the said piece of land in common with the Vendor and her predecessors and successors in title and all others having a like right
over and along that part of the minor or service road and any turning circle and access way to XXXXXXX Lane shown on the said plan and thereon coloured brown"

If your friend needs it, they can get a copy of their title deeds from here for £4
http://www.landregistry.gov.uk/

Click on "our online services" then "Find a property"

forgotmyname

Diabolical liberty, How dare you drive past his house.

I have a similar situation to the lovely old guy you are so keen to upset by driving past his
house all the time.

I have complained to the police many many times and they refuse to help.

Just because i live on a main road fully open to the public it seems any old riff raff have the right to drive past my house.

I have my revenge though i have started a book logging times and dates and registration numbers of all vehicles that pass my house.

Be careful or you may find yourself in my naughty book.

Does make you wonder about some peoples sanity, I often wonder about my own until i see posts like this.

Wave to him and smile,

Any spare land available? Get a tape measure out and start taking photo's. If he asks why say you thought about his advice and bought the land and have applied for planning permission to build a block of flats.

If he doesnt ask spread rumours

Hintza

Interesting, we have a lane 300m that we own but two other houses have right of access. I have repaired the lane twice yet my neighbours never help withrepairs and moan at the costs (which have been minimal).

I suggested a few years ago we should all pay £5k+ and get it retarred they weren't keen (understatement). So I have done nothing to it for 3 years and it is awful to such an extent some will either lose a sump or slide off into the hedge.

cajef

Hintza wrote: »

So I have done nothing to it for 3 years and it is awful to such an extent some will either lose a sump or slide off into the hedge.

Don't blame you but as a point of interest I wonder what the legal position would be if one of their vehicles was damaged due to lack of maintenance, could you be liable?

fivetide

OP - Have you considered a TVR with a straight exhaust? Be sure to blip the throttle as you drive in, I'm sure he'd show his appreciation.

5t.

System

cajef wrote: »

Don't blame you but as a point of interest I wonder what the legal position would be if one of their vehicles was damaged due to lack of maintenance, could you be liable?

I think the answer is NO based on below which says that the dominant tenant has a right to maintain the right of way (which is what the road is)

Carter v. Cole (2006) - Court of Appeal

The Law apart from clause 3.2 of the Transfer
Unsurprisingly the law about construction and repair of rights of way granted as easements has been settled for some centuries. The following propositions (all of which, in principle, are subject to any contrary agreement) were not controversial:-
(1) A grantor of a right of way ("the servient owner") is under no obligation to construct the way;

(2) The grantee may enter the grantor's land for the purpose of making the grant of the right of way effective viz to construct a way which is suitable for the right granted to him ("the dominant owner"); see Newcomen v Coulson (1887) 5 ChD 133, 143 per Jessel MR;

(3) Once the way exists, the servient owner is under no obligation to maintain or repair it, see Pomfret v Ricroft (1669) 1 Wms. Saunders (1871 ed) 557 per Twysden J, Taylor v Whitehead (1781) 2 Doug KB 745 and Jones v Pritchard [1908] 1 Ch 630, 637, per Parker J;

(4) Similarly, the dominant owner has no obligation to maintain or repair the way, see Duncan v Louch (1845) 6 QB 904;

(5) The servient owner (who owns the land over which the way passes) can maintain and repair the way, if he chooses;

(6) The dominant owner (in whose interest it is that the way be kept in good repair) is entitled to maintain and repair the way and, if he wants the way to be kept in repair, must himself bear the cost: Taylor v Whitehead (1781) 2 Doug KB, per Lord Mansfield.
He has a right to enter the servient owner's land for the purpose but only to do necessary work in a reasonable manner, see Liford's Case (1614) 11 Co Rep 46b, 52a (citing a case in the reign of Edward IV) and Jones v Pritchard [1908] 1 Ch 630, 638 per Parker J.

C_Mababejive

Tell him to !!!! off