Taking legal action against property developer

Gorideb4

da_rule wrote: »

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.

We have gables upon entering the road and have a large sign clearly stating it is is private road.

The deeds state. Rights granted:

1. To enter onto the green land private road (including yellow land driveway)and so much of the retained land as is absolutely necessary (but no more) during daylight hours only for the purpose of:

A right of way (in common with all others having like right) over and along the initial accessway and thereafter the estate road comprised within the green land (estate road) at all times and for all purposes in connection with the use of the Property and every part thereof as is a residential development of five dwelling houses subject as follows:

To the transferee constructing at its own expense the initial access Way and estate road in accordance with planning consent

To the transferee paying to the Trasferor one tenth of the cost of maintenance and upkeep of that part of the estate road comprised within green land )estate road)

In expecting such right of way provided in this clause the Transferee and its successors in title to the property shall at all times keep the initial access Way clear and the estate road clear from obstruction at all times.

Rights reserved

There are reserved out of the property for the benefit of the whole and every part of the retained land of the following tighten favour of the transferor the owner or owners for the time being of the Retained land and any part or parts of that land intended to be benefited and all other part sons having the like right or so,liar rights a right of way over and along the estate road at all times and for all purposes for the benefit of the retained land and every part thereof subje t to the tranferor paying one sixth or such other fair proportion according to user of the cost of the maintenance and upkeep of that part of the Estate road as may be reasonably required by the Transferee (but not so as to place any liability to the Tranferor to contribute towards the cost of constructing the Estate road of subsequently upgrading the same.

Gorideb4

Lloyd90 wrote: »

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.

Yes the shop was there before buying the house. They have a large forecourt and were told all deliveries take place in this area. The planning submission for the new houses highlight that deliveries are made on the petrol forecourt also.

The forecourt is vast is so has more than enough space to receive such deliveries

I am mindful that he is running a business but simply do not want 20 tonne lorries regularly using a road I am responsible for the upkeep of.

sparky130a

Lloyd90 wrote: »

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.

Only if they do indeed have access rights. If they don't it's a perfectly reasonable course of action to take to protect ones own land and costs associated with remedial repairs.

Gorideb4

davidmcn wrote: »

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.

The deeds state. Rights granted:

1. To enter onto the green land private road (including yellow land driveway)and so much of the retained land as is absolutely necessary (but no more) during daylight hours only for the purpose of:

A right of way (in common with all others having like right) over and along the initial accessway and thereafter the estate road comprised within the green land (estate road) at all times and for all purposes in connection with the use of the Property and every part thereof as is a residential development of five dwelling houses subject as follows:

To the transferee constructing at its own expense the initial access Way and estate road in accordance with planning consent

To the transferee paying to the Trasferor one tenth of the cost of maintenance and upkeep of that part of the estate road comprised within green land )estate road)

In expecting such right of way provided in this clause the Transferee and its successors in title to the property shall at all times keep the initial access Way clear and the estate road clear from obstruction at all times.

Rights reserved

There are reserved out of the property for the benefit of the whole and every part of the retained land of the following tighten favour of the transferor the owner or owners for the time being of the Retained land and any part or parts of that land intended to be benefited and all other part sons having the like right or so,liar rights a right of way over and along the estate road at all times and for all purposes for the benefit of the retained land and every part thereof subje t to the tranferor paying one sixth or such other fair proportion according to user of the cost of the maintenance and upkeep of that part of the Estate road as may be reasonably required by the Transferee (but not so as to place any liability to the Tranferor to contribute towards the cost of constructing the Estate road of subsequently upgrading the same.

Gorideb4

da_rule wrote: »

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.

The deeds state. Rights granted:

1. To enter onto the green land private road (including yellow land driveway)and so much of the retained land as is absolutely necessary (but no more) during daylight hours only for the purpose of:

A right of way (in common with all others having like right) over and along the initial accessway and thereafter the estate road comprised within the green land (estate road) at all times and for all purposes in connection with the use of the Property and every part thereof as is a residential development of five dwelling houses subject as follows:

To the transferee constructing at its own expense the initial access Way and estate road in accordance with planning consent

To the transferee paying to the Trasferor one tenth of the cost of maintenance and upkeep of that part of the estate road comprised within green land )estate road)

In expecting such right of way provided in this clause the Transferee and its successors in title to the property shall at all times keep the initial access Way clear and the estate road clear from obstruction at all times.

Rights reserved

There are reserved out of the property for the benefit of the whole and every part of the retained land of the following tighten favour of the transferor the owner or owners for the time being of the Retained land and any part or parts of that land intended to be benefited and all other part sons having the like right or so,liar rights a right of way over and along the estate road at all times and for all purposes for the benefit of the retained land and every part thereof subje t to the tranferor paying one sixth or such other fair proportion according to user of the cost of the maintenance and upkeep of that part of the Estate road as may be reasonably required by the Transferee (but not so as to place any liability to the Tranferor to contribute towards the cost of constructing the Estate road of subsequently upgrading the same.

AdrianC

OK, so that looks as if there's no right of way for the deliveries or the shop.

Great. Now you need to somehow inform the delivery drivers of that. After all, it's the drivers - not the shop owner - who are using the road for their wagons. They're probably regulars, so they probably will get the message sooner or later. But they ain't psychic...

G_M

Bl**dy H! you don't need to quote it 5 times!

Having said that, are you quoting from the your deeds or the deeds of the shop? Or the bugalow?

for all purposes in connection with the use of the Property and every part thereof as is a residential development of five dwelling houses

well deliveries to a shop do not fall into this do they?

So - what do the deeds of the shop say?

Gorideb4

AdrianC wrote: »

OK, so that looks as if there's no right of way for the deliveries or the shop.

Great. Now you need to somehow inform the delivery drivers of that. After all, it's the drivers - not the shop owner - who are using the road for their wagons. They're probably regulars, so they probably will get the message sooner or later. But they ain't psychic...

Thanks for you response.

Yes have already taken this approach, spoken with drivers and companies etc, gets it all sorted for a short while but when the drivers change or the shop introduce new suppliers they are sent by the shop down our clearly marked private road.

To end this once and for all I feel I need to use the legal route, I have legal cover on my home insurance will see if they can help.

Gorideb4

G_M wrote: »

Bl**dy H! you don't need to quote it 5 times!

Having said that, are you quoting from the your deeds or the deeds of the shop? Or the bugalow?

well deliveries to a shop do not fall into this do they?

So - what do the deeds of the shop say?

Sorry, 1st experience on a forum!

The deeds are titled shop and petrol station, no mention of the bungalow which is attached.

The more we are going into this the more I feel my conveyancer should have picked this up.

sparky130a

Gorideb4 wrote: »

Thanks for you response.

Yes have already taken this approach, spoken with drivers and companies etc, gets it all sorted for a short while but when the drivers change or the shop introduce new suppliers they are sent by the shop down our clearly marked private road.

To end this once and for all I feel I need to use the legal route, I have legal cover on my home insurance will see if they can help.

Hmm. Here's an idea.

Sat Nav. I recently did a job that was on a road with a cul de sac. We had to drill under the railway line behind said dead end.

Behind that was a Sainsburys. In the 9 months we were there the number of HGV's that would come down the road insisting they could get to the store was unreal. A couple of them i even had to physically show them the rail track before they'd believe me.

Turns out it was agency drivers using a well known make of Sat Nav.