Getting permission to open access to land and to drive through private road

LEJC

afm wrote: »

Yes, that's exactly why I have posted here: to get ideas on how to approach them and what to offer in return. And also to know the legal stuff involved.

I think in light of the fact that you have posted in the home improvements and DIY thread....you might have pitched your questions to the wrong audience....

You have the views of at least 2 posters myself included in relation to the pitfalls of trying to asscertain what fair usage would be defined as....having had the benefit or experience of living day to day on a similar type of road

Perhaps you might want to post your query on a board where there are more legal minded respondants who could actually advise you more specifically on the legalities,although im not sure that such a formla exists to derive the optimum payment for access across the land.... failing that why not book a 30 min free appraiser appointment with a local solicitor who could help you achieve a quantifiable amount to offer your neighbours in exchange for driving over their land


Initially you perhaps could contact you neighbours with your proposals to drive over their land...you might get lucky and find they all agree...but in practice or reality I expect that wont be the case...what starts as only accessing occaisionally may escalate to more frequently etc etc...and if errosion occurs on the road that they are responsible for which it will over time then there is a expectation that repairs will need to be funded by those who use the access site...there are too many pitfalls for something like this to be agreed on a gentlemans handshake and I would suggest that collectively or individually you all take some form of legal advice,not just for the here and now but contingency plans for years to come if the area is to be opened up for use.

Potentially the only true way to proceed may be to offer to buy the land from the neighbouring properties...that way its maintained and owned by only you...but obviously a figure would need to be agreed by all parties concerned and agreement sought by all.
Although its not your preferred option to offer to buy the land from the other residents it may prove to be something to consider if at present its almost an unused area they all own.At least by bringing the ownership of the land into that of only one person you will find it much easier when it comes to future decision making...but I am aware that it may be a costly procedure for you to gain secondary access to your property!!

I wish you luck and a speedy conclusion to your dilema...ours has been ongoing for 40 years or more...but every situation is different!

afm_2

Its great to know the experience of others as it gives me some idea of what to expect. I wasn't sure if a solicitor would be the right person to go to but I think I'll do that or maybe try to get access in a different way. Thanks for your help.

I thought this board was for all things relate with home and not DIY (it says it includes DIY but not limited to it). Any ideas where to post it? I couldn't see any other board that seemed appropriate.

LEJC

In absolute truth im not sure many solicitors willingly give their time or expertise for free...hence you dont see many on a moneysaving site....IMHO

POPPYOSCAR

I do not think anyone can give advice on what to offer them as we do not know the people involved and what they would be satisfied with.

All you can do is approach them and see what they say without mentioning any actual figures.

I would imagine they would all want the same out of it financially and will want to know what everyone else is getting out of it!

keystone

afm wrote: »

As I said before, I have access to parking not to the land (can access the land by foot obviously).

Yes I know that but you haven't said why you can't get vehicle access to that bit of land which is on your property (?). Maybe its because you don't want to crush EIDs petunias or maybe its a different reason but as you have to do some physical work to create an access to park your vehicle there surely logic dictates you do it all on your property rather than as the lead post and avoid all the associated distractions and potential grief. Don't forget you can look out of the window and see it. All I jhev to go on is the plan you provided.

Cheers

afm_2

keystone wrote: »

Yes I know that but you haven't said why you can't get vehicle access to that bit of land which is on your property (?). Maybe its because you don't want to crush EIDs petunias or maybe its a different reason but as you have to do some physical work to create an access to park your vehicle there surely logic dictates you do it all on your property rather than as the lead post and avoid all the associated distractions and potential grief. Don't forget you can look out of the window and see it. All I jhev to go on is the plan you provided.

Cheers

If there was a way of doing it, I wouldn't be asking this. There's no space for a car to enter through the front.