Taking legal action against property developer

Gorideb4

I was hoping some of you may be able to help us with a big problem we have!

Four years ago we bought a house on a small development of 5 new houses plus the shop keepers bungalow located directly behind the village shop and large petrol forecourt. The shop, petrol forecourt and residential areas have clearly defined boundaries. The houses are located on a private road which is accessed by a road way running adjacent to the petrol forecourt.

For perspective, this shop forecourt and land where the new houses are built were originally one entity. Each part has been since sold offf separately by a property developer.

The five new houses are fully responsible for the upkeep of the roadway (does not include bungalow resident i.e. shopkeeper) and we have all paid monies towards. As part of our property deeds we have full access to the road but cannot restrict movements of others.

Since living here the shop has a number of its suppliers use the private road to make deliveries with heavy goods vehicles. None of the houses were keen on this happening so we have tried the diplomatic approach but this did not work. Lately things have from gone from bad to worse as the lorry deliveries are many times a week causing damage to the road and significant safety issues for all residents, especially the young children who live there.

I have obtained a copy of the shop deeds and have seen a solicitor to review them, they have advised me that there is very little I can do about this as the shop keeper has right of access to the bungalow adjoining the shop (the deeds make no reference to type of vehicle having access) Their deeds do state that they also must not block access which of course a 30 min delivery via a 20 tonne truck does. They did recommend that we did not ask the shop to contribute to the upkeep of the road as this is a point of possible defence for us plus the access issues the deliveries cause.

We are now so fed up with the constant battle and have exhausted all diplomatic channels. So much so we are looking to sell the property early in the New Year. Before we do this I am considering whether it is viable to take legal action against the property developer as nobody informed us (or the other residents) of the shops ability to bring lorries up the road. Additionally this detail wasn't provided during the conveyancing process.

Do you think this is possible? Do you recommend any other action?

comeandgo

I don't think it is the developer you should be taking action against but your own solicitor for not finding these things out prior to purchase.

Gorideb4

Thanks for your reply. I will certainly explore this with my solicitor.

Best regards

davidmcn

The extent of the access rights (or your lack of ability to control them) would have been apparent during the conveyancing process. I'm not convinced that the bungalow's rights of access are relevant if the lorries are actually accessing the shop. Your rights appears to be either against the shop for using the road when they dont have the right to do so (if that's the case), or against your solicitor for not explaining the various properties' rights (what did they tell you about the titles?). Don't see how you'd have any rights against the developers.

Bear in mind you'll have to declare this dispute to prospective buyers.

sparky130a

A far cheaper solution would be to introduce some width restricting measures...

Not saying you have the legal right to...;)

martindow

sparky130a wrote: »

A far cheaper solution would be to introduce some width restricting measures...

Not saying you have the legal right to...;)

This could be done with a bit of strategic parking.

da_rule

As has been said, it would appear that he is using the road to access the shop (I assume there is a rear entrance or something that makes unloading easier).


Do the title documents give him any access rights for this purpose (i.e. to access the rear of the shop)? If not then you could take some action for what is essentially trespass. This is likely to be costly and could also cause you an issue if you want to sell the property as you will be asked about disputes with neighbours or boundary issues.


If you and your neighbours own the access road, could you not put a sign up warning that it is only for access to the relvant properties?


In terms of suing the developer, you are on a bit of a hiding to nothing. If they didn't know the shop keeper was doing this or planning to do this, how could they tell you? Also, the onus is on the buyer (and their solicitor) to research all potential covenants and easements. Again, however, a right of access over a road to access a residential building is relatively standard so probably wouldn't have sounded any alarm bells with your solicitor. They probably couldn't have been aware that the road was also being used for shop deliveries.

Gorideb4

Nothing about this was discussed or communicated to us durinin the conveyancing process. When I read the shops deeds I do not believe they qualify such usage but a solicitor has confirmed to me stopping this via court action would be extremely difficult. Could just be bad legal advice though.

We are set on moving now, fed up to the back teeth with it but as you say we must declare this issue when selling. Quite a big motivation to do so in my eyes otherwise my pocket will take a hammering!!

Gorideb4

Thought about this and very tempted! Just means My removal lorry won't be able to collect my belongings !!! :rotfl:

hazyjo

Is there a management company who deal with the private road, or do you all just take it upon yourselves to pay for? I would be looking into what constitutes reason for weight/width/height restrictions. If it was a normal road, I'd be in touch with the council. I wonder if you could approach them anyway and try to get them to deal with the end of their road that joins yours to apply a restriction. Do they deal with things like street lights down there? Maybe there's some way of them enforcing no entry to certain vehicles. Cars/bikes only, maybe... If not, can you just decide it as private road owners? Guess you may need legal action to find out how you can prevent lorries, etc...


Jx

hazyjo

PS Good point re the removal lorry lol! Am sure there are permits or ways round it...