shared access development

themissingdigit

Our neighbour has a plot of land at the end of his garden, which he is planning to develop into three new 3 bed dwellings. The only access to these houses is through the dirt track between our house and his.

The deeds state this as mutual rights of way.

There is also a provision on the property register, we shall not be entitled to ..... restrict or interfere with the free use of adjoining or neighbouring land of the vendorfor building or any other purposes.

This is further confused that the land he wishes to develop is a separate land registry, but seemingly havng the same rights of access, I have to check the plans at the council.

Do we have the right to object to planning permission on grounds of loss of amenity and property value? What sort of civil legal rights do we have in terms of reaonable compensation?

Any help appreciated.

themissingdigit

Is there a better forum to pose this question, desperate times...

Doozergirl

We have solicitors and all sorts on this board, but it does tend to be quiet over the weekend

Do the deeds literally only refer to the track as being 'mutual right of way'? Is the land owned by someone else or is it shared between you?

Loss of amenity may be a valid objection, the devaluation of your property is not and will not be considered by the planners at all.

However, I think you might have more of a boundary issue than a planning one. Planners won't deal with the rights of way.

I think you need to talk to your solicitor to get them to intrepret the deeds for you and establish whether your neighbour can in fact build on that land without recourse to you.

Is your garden as big as theirs? There's a potential goldmine in your back garden if so!

Doozergirl

Try https://www.gardenlaw.co.uk on the right of way issue

Debt_Free_Chick

themissingdigit wrote: »

Do we have the right to object to planning permission on grounds of loss of amenity and property value?

You can object on any grounds you like, the but the Local Planning Authority (LPA) will decide whether to grant permission on planning law and their own local planning policies. They will not take account of loss of property value (as it's neither a matter of planning law nor local planning policy). Loss of amenity could well be an issue - but the LPA will look at the amenity value to the locality as a whole and not that for just the immediate neighbour(s).

The LPA will not be concerned about any civil/common law rights, such as the right to cross another party's land. Access will be an issue - but only in terms of safety of access on to the highway (e.g. sight-lines & visibility) and whether the access is suitable for use by three separate dwellings. The LPA may grant PP, but the developer then needs to get the relevant agreements for the right to access over the ower's land.

What sort of civil legal rights do we have in terms of reaonable compensation?

Not sure what you would be claiming compensation for - could you say what you have in mind please?

Debt_Free_Chick

themissingdigit wrote: »

The deeds state this as mutual rights of way.

There is also a provision on the property register, we shall not be entitled to ..... restrict or interfere with the free use of adjoining or neighbouring land of the vendorfor building or any other purposes.

This is further confused that the land he wishes to develop is a separate land registry, but seemingly havng the same rights of access, I have to check the plans at the council.

Who actually owns the land over which the dirt track passes?

You won't find anything on the plans regarding private rights of access - but these ought to be on the title deeds which can view online at the Land Registry

It's the owner of the dirt track (or the land on which it falls) that needs to give permission for the residents of the new dwellings to use the track. If the developer owns the track, then you're stumped as he is going to give the permission and the clause in your deeds states that you will not "interfere" with this.

My guess is that he does own the land and that HE put the clause in your deeds as he has always wanted the option to develop the spare land.

themissingdigit

Thank you very much for your replies.

The land was granted mutual rights of way in 1965, and is a 90 foot track from the road between the two detached properties, around one and a half vehicle widths. The boundary of both properties runs virtually down the middle according to the land registry plans, i.e. half owned by them and half by us.

They own the house next door and another plot of land behind their house, which is the area they wish to develop. The plot behind our house was sold off some years ago and has its own access onto a main road.

In terms of planning my main concerns are:
1. Loss of amenity, i.e. an additional 8 or more cars coming up and down our drive (half within our boundary) and the disturbance caused + being overlooked.
2. Structural damage or accident during construction, a narrow track taking heavy vehicles and plant, a lorry will have to pass within 6" of our house, which is a Victorian house with shallow footings.
3. Our safety, we use the side of the house as our main entry and many more vehicles will be using the track, which is not lit and currently not very well maintained.
4. Access out onto the road, because it is just a narrow domestic drive onto a wide road, in very close proximity to a pedestrian crossing used by children, who are not good at looking when crossing our drive and cyclists come round the corner very quickly too.
5. Supplying the utilities to the new site, will presumably be along the right of way, i.e. the drive, even if laid on their side of the boundary and the disturbance caused and resulting obstruction, potentially meaning we will not be able to get our car to our garage.
6. Can the neighbour grant his right of way to all the new people who may live on this new development and their vehicles?
7. Who would be responsible for maintaining a more heavily used access point, as I don't see why it would be our responsibility.

In respect of the information I originally posted
There is also a provision on the property register, we shall not be entitled to ..... restrict or interfere with the free use of adjoining or neighbouring land of the vendor for building or any other purposes.
This was my misunderstanding, the vendor was actually the owner of our house, who at the time (1977) owned the land behind it, so it doesn't apply to my next door neighbour as far as I can see.

paddy's_mum

Although this may not be what you want to hear, I would advise you very strongly to locate and consult a solicitor specialising in land law very quickly. There appear to me to be several intertwined strands here and to get one wrong may leave you up a creek without a paddle. In my view, the shared ownership of the land upon which the access road sits is something that desperately needs clarification so that you act from a position of knowledge, not assumption or dislike for your neighbour's building proposals.