We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

PLEASE READ BEFORE POSTING: Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Property being built over our access rights

There is a strip of land next to our house which is owned by a property developer. We have access rights over this to get to the top of our garden. This is stated in the title deeds and in our house purchase contract.

The land owner has put in a planning application to build a house on the land which would not leave room for our access.

I know he is not allowed to do this - but how can we stop him without it costing us a fortune in solicitor's fees?

We have been informed by the council (and I have just read on their website) that private matters such as this are not considered as part of the planning permission decision.
Proud to be a moneysaver! :cool:
«13

Comments

  • spacey2012
    spacey2012 Posts: 5,836 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    If you title deed, it is not a private matter and the council was wrong.
    write your objection and include a copy of the deed showing your accesses rights.
    Be happy...;)
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Wait till the house is built then start walking through the front door, down the hallway, and out the back to get to your land. You'll have every right.

    You might have to take a jemmy with you.....
  • Annisele
    Annisele Posts: 4,835 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    I'm not so sure the council is wrong (but I'm not an expert in this).

    Planning permission really goes with the land, not with a person. In theory you can apply for planning permission on somebody else's land - but getting it doesn't give you the right to actually build.

    OP - would it be possible for the developer to give you access to your garden some other way? Or does the layout not allow that?

    If you could get access some other way, would you still object to the new house being built?
  • paddedjohn
    paddedjohn Posts: 7,512 Forumite
    Part of the Furniture
    If you lose this access will you have no other way of getting into your garden apart from through your house?
    Be Alert..........Britain needs lerts.
  • phill99
    phill99 Posts: 9,093 Forumite
    Part of the Furniture 1,000 Posts
    Have you actually seen a copy if the proposed plan? It maybe that the actual house is set away from the access strips. There may well be a joint access strip that may from part of the demise of the new dwelling, but which you will retain access over.

    He is allowed to seek planning permission. Bizarrely, any person can submit a planning application for any land, providing they inform the owners.
    Eat vegetables and fear no creditors, rather than eat duck and hide.
  • Guest101
    Guest101 Posts: 15,764 Forumite
    The council is wrong, just register your objection
  • embob74
    embob74 Posts: 724 Forumite
    Planning permission can be requested on land which is not owned by yourself but there is usually a question on the application form asking the applicant to confirm they have permissions to do so.
    Write in asap as there is not usually a lot of time to object. Perhaps speak to our local Parish Council and ask them to object on your behalf too.
  • Maddie
    Maddie Posts: 858 Forumite
    Part of the Furniture Combo Breaker
    Thanks all. Well the deadline for objections is today so I've just put in an objection although I suspect it will not be considered.

    The land next to us used to be the road but a new road was built by the property developer. There is a space at the top of our garden that used to be a car park although we have never used it as one. The access rights state that we have rights of access with or without vehicles. We had thought we might put a garage at the top of the garden one day but its down a long list of priorities.

    There isn't any room for a house plus our access by car, neither has the developer shown any consideration of this - i think he is just pushing his luck.

    Aside from the access issue we don't have any valid reason to object - just that its nice not having a next door neighbour and we'd get a bit less evening sun etc.
    Proud to be a moneysaver! :cool:
  • Guest101
    Guest101 Posts: 15,764 Forumite
    I imagine that u can still object to the developer direct even if it's granted
  • princeofpounds
    princeofpounds Posts: 10,396 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    edited 1 January 2014 at 1:55AM
    Planning permission is almost entirely separate to rights-of-way. Planning permission is only about if the building passes planning policies, *not* a judgment on whether the building is legal in all respects.

    Visit gardenlaw rights of way forum to get more advice on this.

    But in short planning permission can be applied for and granted on almost any land. In theory I could apply to build a multistory carpark in Hyde park. It does not mean that the person applying for it can violate others rights and this will not be a consideration of the planners in many respects. So don't panic, although a well-organised objection would have been a handy first step.

    But if you want to preserve it you will need to enforce your right, perhaps even via a court order ultimately.

    Also worth doing as the developer may want to buy you out of your right of way if they can't ignore it.

    Will try to add more detail tomorrow.
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 351.7K Banking & Borrowing
  • 253.4K Reduce Debt & Boost Income
  • 454K Spending & Discounts
  • 244.7K Work, Benefits & Business
  • 600.1K Mortgages, Homes & Bills
  • 177.3K Life & Family
  • 258.4K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.2K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.