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8 yr old new build - developer wants to change driveway

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  • whitewing
    whitewing Posts: 11,852 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Sounds perfectly reasonable to me that they tarmac and flagstone but you may want to check with the council before you speak to the builder.

    I think matching flagstones may be more difficult to match though than slapping a bit of extra tarmac down.
    :heartsmil When you find people who not only tolerate your quirks but celebrate them with glad cries of "Me too!" be sure to cherish them. Because these weirdos are your true family.
  • Snuggles
    Snuggles Posts: 1,007 Forumite
    Part of the Furniture 500 Posts Name Dropper
    whitewing wrote: »
    Sounds perfectly reasonable to me that they tarmac and flagstone but you may want to check with the council before you speak to the builder.

    I think matching flagstones may be more difficult to match though than slapping a bit of extra tarmac down.



    Thank you, and this is kind of my point - are they entitled to just do whatever is cheapest and easiest for them even though it's my property?


    I was hoping someone might post who has been in a similar situation if this is a common scenario on new developments.
  • da_rule
    da_rule Posts: 3,618 Forumite
    Sixth Anniversary 1,000 Posts
    My understanding would be that unless a covenant exists on the title of the property giving them permission to access/work on your land then you are well within your rights to say no, or attach conditions (regarding materials to be used etc).

    But, you need to balance this out with the fact that the road will be adopted, which might help sell the property and to avoid problems with the neighbours (you probably don't want to be the one who stops the road being adopted).
  • chanz4
    chanz4 Posts: 11,057 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Xmas Saver!
    da_rule wrote: »
    My understanding would be that unless a covenant exists on the title of the property giving them permission to access/work on your land then you are well within your rights to say no, or attach conditions (regarding materials to be used etc).

    But, you need to balance this out with the fact that the road will be adopted, which might help sell the property and to avoid problems with the neighbours (you probably don't want to be the one who stops the road being adopted).



    Also if its not adopted this can cause issues with mortgages and you will be liable with the other houses for the road and upkeep
    Don't put your trust into an Experian score - it is not a number any bank will ever use & it is generally a waste of money to purchase it. They are also selling you insurance you dont need.
  • Snuggles
    Snuggles Posts: 1,007 Forumite
    Part of the Furniture 500 Posts Name Dropper
    da_rule wrote: »
    My understanding would be that unless a covenant exists on the title of the property giving them permission to access/work on your land then you are well within your rights to say no, or attach conditions (regarding materials to be used etc).

    But, you need to balance this out with the fact that the road will be adopted, which might help sell the property and to avoid problems with the neighbours (you probably don't want to be the one who stops the road being adopted).



    Thank you. Ultimately I'm not going to stop them doing what is necessary to have the roads adopted, I would just like to have some say over how it is done, especially as the developer doesn't have the best reputation when it comes to quality.
  • ging84 wrote: »
    What are you asking about doing?
    refuse to give them access to make the changes?
    Spend a year in a court battle with the developer trying to work out if the transfer agreement gives them permission to enter your land and make the change without your permission.
    Then if you win and get to keep you strip of gravel spend, spend 5 years in court battles with your neighbours, the developer and the council about who will pay for the maintenance of all the estate roads, and hope you don't end up in the daily mail facing a £100k legal bill over a battle for 12" of gravel



    What on earth have you been smoking.


    Unless a covenant or pre-written clause allowing the adoption status to change then the neighbour can say no.


    What the neighbours or the council think about the OP's decision is of no consequence. If it means financial upkeep of the road then that is just tough luck for residents in that street.


    It akin to saying I'm suing you for my parking expenses because you're parked in the only permit holder's bay in my street.


    Strewth
  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
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    Snuggles wrote: »
    No, not at all. I am saying I would rather this area matched the existing tarmac driveway which has a flagstone path across the end of it. This might explain it better - F is the front wall of my house, G is the gravelled area, P is a flagstone path, T is the existing tarmac driveway. I don't want all of the gravel (G) to be tarmac, as I think it will look odd being longer than the drive (T). So I would like them to tarmac up to the level of the existing drive and extend the path across. Hope this makes sense.


    FFFFFFFFF
    GGPPPPPP
    GGPPPPPP
    GGTTTTT
    GGTTTTT
    GGTTTTT
    GGTTTTT
    GGTTTTT
    GGTTTTT

    I thought the strip in question was only a metre wide?
  • AdrianC
    AdrianC Posts: 42,189 Forumite
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    Snuggles wrote: »
    No, not at all. I am saying I would rather this area matched the existing tarmac driveway which has a flagstone path across the end of it. This might explain it better - F is the front wall of my house, G is the gravelled area, P is a flagstone path, T is the existing tarmac driveway. I don't want all of the gravel (G) to be tarmac, as I think it will look odd being longer than the drive (T). So I would like them to tarmac up to the level of the existing drive and extend the path across. Hope this makes sense.
    What'd really help is a Google Maps aerial view. If you don't want to give you location away, then screenshot it and post to Photobucket or Flickr or whatever.
  • john_white
    john_white Posts: 545 Forumite
    Thrugelmir wrote: »
    I thought the strip in question was only a metre wide?


    Each 'G' could be 50cms. I don't think it was to scale.
  • Snuggles
    Snuggles Posts: 1,007 Forumite
    Part of the Furniture 500 Posts Name Dropper
    Thrugelmir wrote: »
    I thought the strip in question was only a metre wide?


    I'm not sure if you're being serious here - did you really think that was supposed to be a scaled diagram?



    Anyway, this is exactly why I didn't want to get into the detail on here. It really doesn't matter how wide it is, the reasoning behind my original question (i.e. do they need my consent) is exactly the same.
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