Property being built over our access rights

chris_m

phill99 wrote: »

He is allowed to seek planning permission. Bizarrely, any person can submit a planning application for any land, providing they inform the owners.

Developers will often seek at least outline planning permission to determine whether or not it will be worth their while buying a plot of land since it's better to know in advance than to buy the land then find that they can't do what they hoped with it.

Once they know planning permission is likely to be granted, then they will look at the legalities of buying and using the land.

Madmel

Have you actually seen the plans?

We were in a situation recently where some run-down buildings near us had a planning application put in to redevelop them into a house. In principle, this is a good idea, but the plans showed 2 access points, one of which was over land I believe I own but my immediate neighbour has a right of access over (literally about 1.5 metres of my driveway). We went to the planning office and they said that the plans seemed to suggest that the developer/local landowner owned it, which we knew not to be the case. The planning advisor, although not the one assigned to the case, said that they should be acknowledging the route was over our land, and that as they had not done this, it changed matters. She advised us to object by email as it would be taken into consideration. The email stated that we only objected to the access being over our land, and in principle we welcomed the development (trying to be reasonable). The plans were put on hold. I heard from my neighbour last week that they are going to completely change the access, giving him some extra land for the vast sum of £1 on which he can build his own access to the road, and they too will build a completely separate access.

I wish the developer had spoken to us first as I don't really like the uncertainty of raising an objection and having to wait to see what happens. However, the planning officer was excellent, her advice was spot-on and I think the issue will be resolved to the satisfaction of all parties.

moneyistooshorttomention

Wouldn't the new owner of such a house find that it had to be written into their Land Registry entry that someone else's (ie your) access rights went right through their kitchen/garden/etc (delete as applicable).

Hardly a selling point for the house I would have thought...even if that access was through their garden rather than through the house itself.

Which obviously leaves one cost-free thing you could do (and warn the developer you WOULD do:)) and that is to tell any potential owner of the new house that you have those access rights and put them off buying it. I doubt anyone would buy a house in those circumstances.

EDIT: Since that access is a road, then you might find the need to drive up and down it/park on it (if possible) at very inconvenient times whilst any building was going on......

Also, I believe the cheapest garages going are around £1,500 (a lot less than a proper brick-built one). What difference would it make if you were to put up such a garage now? Do you have the money available for a cheapie one?

ging84

The planning permission will be granted on the basis not taking into account land ownership or covenants, you don't even need to be the land owner to successfully apply for planning permission.

If you have not contacted the developer / owner already then you should do that as soon as possible.
If they continue and are unable to come to a suitable arrangement with you, then you would need to go to court to get an injunction preventing the building being built.
Any costs for this might be covered by your home insurance, check with them
If you leave it until after the building has started it will be much more difficult, but the court could ultimately order the building be demolished

Mojisola

ging84 wrote: »

If they continue and are unable to come to a suitable arrangement with you, then you would need to go to court to get an injunction preventing the building being built.

But don't expect the developer to take any notice of the injunction.

Be prepared to have to fight this.

PasturesNew

Anybody has the right to apply for planning on anything, anywhere. He could put in planning permission to build a house in your garden, or where your house is, or anywhere.

Getting planning permission doesn't mean he has the right to do the build. That is a separate issue.

Strapped

In the meantime, I would make sure that you are exercising your access rights, with a vehicle, and document that you are doing so (video/photos with proof of date). Just in case the developer attempts to get them removed.

Also, I would ask yourselves - what is the access worth to us/our property? If there is no-where else to park other than the car parking area at the top of the garden, then it sounds as though it's quite valuable (and more so if you could add a garage there). OTOH, if you already have plenty of parking elsewhere, and you don't currently use the access much (but see comment above!) then you may consider agreeing to lose the rights - either completely, or just for vehicles, so you can still go on foot to the top of the garden if they left a footpath - for a suitable financial sum...? Or perhaps there may be an alternative arrangement that would suit both parties (eg you gain a parking space at the bottom, and pedestrian access to the top of the garden in exchange for giving up the vehicular access)

ging84

Mojisola wrote: »

But don't expect the developer to take any notice of the injunction.

Be prepared to have to fight this.

If an injection is granted the developer had better take notice, even if he has good reason to believe it would be over turned, proceeding with it in place would be risking criminal charges

Land_Registry

Maddie - arriving a little late to this thread but it sounds like an issue which may run for a while.

As others mention planning and land registration are invariably separate processes. Planning will usually require some sort of confirmation re ownership but their focus is on size, shape, type, materials etc of the development. Land registration is invariably more concerned with the general boundaries etc rather than the buildings erected.

One key thing to consider is that whilst your registered title may refer to such rights the land over which they are exercised may be silent i.e. no mention made. It is rare when such rights are more modern (last 10-15 years) but older rights can sometimes appear on one title and not the other for various reasons - the main reason is often a failure to apply for registration.

Whatever the circumstance though legal advice should be sought. The land register and planning information will provide the detail. A legal advisor can then explain what options are available to you and at what cost. Ultimately any enforcement is likely to be through the courts but the advice obtained will explain this further.

Please let us know of any outcome

Maddie

I have spoken to a solicitor and written a letter to the developer mentioning this.

I suppose he could simply be checking whether planning permission would be granted before dealing with the access rights issue.

Thanks for all the thoughts and advice.