Taking legal action against property developer

moneyistooshorttomention

1. Did you know the shop was going to be built there when you chose the house?

2. What is the route that the delivery drivers are due to use for making their deliveries to the shop? - ie is there another route they can/should be using instead of using your access road? Or is your access road the only access delivery drivers actually have to leave deliveries at the shop?

3. What does it say in the Title Plan/Register entry for the shop? Does it state they have "access at all times for all purposes" on your access road?

Thrugelmir

Gorideb4 wrote: »

Since living here the shop has a number of its suppliers use the private road to make deliveries with heavy goods vehicles.

Have the lorries always used the road for access? Sounds as if the shop existed before your properties were built.

AdrianC

Gorideb4 wrote: »

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.

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.

Seems fair. After all, you said that you have no right to restrict the movement of others...

All you can really do is ask the shop nicely if they would please ask their suppliers nicely not to use the road for deliveries. Perhaps put a sign up asking the drivers nicely not to.

It's not the developer's fault. It's not your solicitor's fault. It's not the shop's fault.
All that's happened here is that you didn't realise the implications of not being able to restrict access to the roadway.

If you DO impose any width restriction, then bear in mind that will also affect the ability of removal wagons, bin wagons, delivery wagons to get to YOUR houses, too. If you impose "soft" restrictions by tactical parking, then bear in mind that you will be in breach of the requirement not to block access, and quite probably causing an offence through the obstruction - which the police can get involved in, if any argument escalates.

G_M

Forget the developer.

Try the conveyencer but I doubt you'll get far. He almost certainly sent you copies of the deeds to review before you purchased. It amazes me how many people fail to read these carefully, and ask when they find things they don't fully understand.

It's unclear if you actuallyshare ownership or management of the road, or simply pay someone else (freeholder? developer? mangement company) for the upkeep. If the former perhaps you could install bollards.

the shop keeper has right of access to the bungalow adjoining the shop

I assume the solicitor looked into this, but
1) 'the shop keeper' has right of access - does this include his deliveries?
2) 'right of access to the bungalow' - are the lorries delivering to the bungalow, or to the rear of the shop?

sparky130a

Gorideb4 wrote: »

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

Two words.. Collapseable bollards......

About £100 each and a bit of DIY to install

DaftyDuck

AdrianC wrote: »

Seems fair. After all, you said that you have no right to restrict the movement of others...

All you can really do is ask the shop nicely if they would please ask their suppliers nicely not to use the road for deliveries. Perhaps put a sign up asking the drivers nicely not to.

It's not the developer's fault. It's not your solicitor's fault. It's not the shop's fault.
All that's happened here is that you didn't realise the implications of not being able to restrict access to the roadway.

If you DO impose any width restriction, then bear in mind that will also affect the ability of removal wagons, bin wagons, delivery wagons to get to YOUR houses, too. If you impose "soft" restrictions by tactical parking, then bear in mind that you will be in breach of the requirement not to block access, and quite probably causing an offence through the obstruction - which the police can get involved in, if any argument escalates.

..... and don't forget those wide, red vehicles with ladders and hoses that might just need access one day....

eddddy

DaftyDuck wrote: »

..... and don't forget those wide, red vehicles with ladders and hoses that might just need access one day....

The fire service have guidelines for this.

You should install removable bollards (or rising/falling bollards or a gate) secured by a padlock. The fire service will cut off the padlock for emergency access.

If residents have keys, they can also remove the bollards for removal trucks, delivery trucks etc. And perhaps remember to leave them open on bin collection day.

I don't think ambulance crews will cut padlocks, so perhaps consider that when deciding the width restriction.

AdrianC

DaftyDuck wrote: »

..... and don't forget those wide, red vehicles with ladders and hoses that might just need access one day....

...in a hurry...

Where we used to live, there was a very popular church just round the corner. Sunday evenings saw the parking spill over every single pavement for a fair radius - we actively tried not to return home at that time, or went a different way if we did. We called it the "fish plaque shuffle". Ridiculous - and complaints never worked for very long. After all, they had the big man on the side of the righteous...

Anyway - one Sunday evening, one of the parked cars caught fire.

It took the fire brigade 45 minutes of manually bouncing cars out of the way, in order to cover the last couple of hundred metres.

The following week, the hint had been taken, it seemed. That lasted about a month... <shakes head, sadly>

exiled_red

There are a few points I would look to clear up if I were you:

Firstly the use of the road that you mention "we have full access to the road but cannot restrict movements of others" Who are the "others" that this refers to? Those granted access to their properties by the deeds or anyone else - including the shop? I would assume that you cannot restrict the movements of others who have the right to use the road but I would have thought that as a private road you would have the right to stop people who aren't accessing one of the properties from using it.

Who actually owns the road and pays for its upkeep? Do you solely own the road and the others have a right of access, do all the properties jointly own it?

You suggest that there is access via the road for the shopkeeper to the shopkeeper's bungalow, is there a access to the shop via the road? - because the delivery lorries are obviously going to the shop and not the bungalow which they shouldn't be doing if the shop doesn't have access.

What practical reasons are there for the lorries delivering to the back of the shop rather than say parking on the forecourt and delivering from there?

People have suggested restricting access to large vehicles, but presumably you need bin lorries, removal vans, ambulances and fire engines etc to be able to get to your property.

I see this as being very difficult to enforce as if you tried to stop the shop owner from getting deliveries made via the road to the shop (if they don't have access to do so) they could get all the shop deliveries made to the bungalow instead which as the bungalow has a right of access you (presumably) wouldn't be able to stop this. In the first instance I would look to discuss things with the other house owners and get their views and find out who you have to grant access to or who you cannot prevent from using the road as access. Then when you know the situation discuss things with the shopkeeper, and politely remind them that the shop doesn't have a right to use the road (if this is the case), and that they should not be blocking the road for people who do have the right to use it, it could be that the owner doesn't realise that the shop doesn't have this right. If the shop does have the right of access you could investigate how you might be able to get them to contribute to the upkeep of the road.

Lloyd90

Did you know the shop was going to be there?

Unfortunately the man is just running his business and I think putting up bollards to stop him having deliveries is ridiculous! Unless there is some other road he/she is supposed to be using?

I think your best decision would be to move to an area where it doesn't bother you.