Private Road to public highway.

guppy

Its highly likely that the building plot enjoys an right of way over the private road to the public highway. Usually where a landowner sells off part of his land and retains another part that is "landlocked", the law implies a right of access over the other piece of land. Are there any other records relating to the property at the Land Registry, I believe easements (rights) over the property you want to buy should be recorded in the Charges Register of the property concerned.

Obviously this can get complicated but its likely that any new houses built would also gain the right to pass over the private road to get to the highway.

Have you been to the local council (or their website) and done your own (free) search for past planning applications relating to the building plot? It may be that planning permission would be refused due to the poor access to the site. The developer might even have to agree to upgrade the road or even bring up to a standard where it could be adopted. Speak to the duty planning officer at the council for some free advice on that sort of thing.

If you decide to go ahead with the purchase, I would get advice from a good solicitor that knows about land law. Not some cheap internet conveyancer. Use the the solicitor for the complicated legal stuff but don't solely rely on their office junior doing the searches to pick up on everything - make your own enquiries about the area using the planning department etc.

Personally, I wouldn't automatically be put off by a situation like this, its unusual, but not uncommon. If its a nice house, on at the right price it might be worth the extra hassle. However as paddy's mum hints at, try and find out the background situation, you don't want to get drawn in to some kind of nightmare situation where a dispute has been raging between the residents for ten years about paying for repairs. I'd go knocking on some doors and try and find some old people to fill me in on the situation

Libra1975

Thank you for your advice. The vendor freely offered the information that developers had been interested in the land at the en. of the road but that they had been told by the council that they would have to pay for the road to be bought up to a decent standard and put traffic lights at the end where it joins to a main road which would cost in excess of £80K. However the council has got Urban Housing Potential Study and Design Case studies relating to this site on its website. (I can't find any planning applications however). I will speak to the duty planning officer as suggested.

olly300

Depending where you are in the country it may be a good idea to not go ahead with the purchase if the road is still private after the development.

I live in an area with parking problems. So now all the area has residents permit parking except the private roads in the area. The council is not legally allowed to consult with the owners (the residents) of the private roads and ask them if they wish to have permit parking. And the parking attendents are not allowed to police those roads. This means that all the car drivers who use to park in my road to go to the local train station, local hospital, local park etc park in the private roads and there is nothing the residents can do. (Some of the parking problems where caused by residents in other roads who had drives/garages but decided not to use them.)

If you live in a rural area like a friend of mine's parents then having a private road won't be a problem if there is:
1. adequate parking for at least 2 cars on your drive
2. all the other houses have this sort of parking
3. you are not within 10 minutes walk of a train station, 15-20 minutes walk of a local hospital/clinic or a shopping area.

However you should have it in mind that lots of new developments only have allocated parking for one vehicle.

guppy

Hi Libra,

That sounds quite positive. Any decrease in value caused by the new development would probably offset by having a nice new road. 10 nice new houses might not be so bad.

Provided I liked the house, I don't think I'd let it put me off (and I'm quite fussy).

Incidentally (I doubt this will be that relevant to you), its not too hard to take action against parking on private land these days. There are loads of companies like this one http://www.central-ticketing.com/ that will send you parking tickets to slap on people's cars. They give you contractually binding warning signs to put up and some parking tickets. You put the tickets on the offending car and take down the details, the parking company then chases the car owner until they pay up. You do nothing else, don't even need speak to the driver, and get paid a tenner from the parking company.

Debt_Free_Chick

olly300 wrote: »

Depending where you are in the country it may be a good idea to not go ahead with the purchase if the road is still private after the development.

I live in an area with parking problems. So now all the area has residents permit parking except the private roads in the area. The council is not legally allowed to consult with the owners (the residents) of the private roads and ask them if they wish to have permit parking. And the parking attendents are not allowed to police those roads.

It's a private road, so the Council have no authority.

Anyone parking there without permission is committing a trespass, but it would be for the owners (you and other owners) to sue for the trespass. Or (I think) you could engage a private clamping company

The whole point about a private road is that it's your property - so anyone parking there might just as well park in your garden ..... it's up to you what you do about it.

clutton_2

you can see all the planning applications on your council's website - no need to go to the council offices.

tonycosgrove

guppy wrote: »

Hi Libra,

That sounds quite positive. Any decrease in value caused by the new development would probably offset by having a nice new road. 10 nice new houses might not be so bad.

Provided I liked the house, I don't think I'd let it put me off (and I'm quite fussy).

Incidentally (I doubt this will be that relevant to you), its not too hard to take action against parking on private land these days. There are loads of companies like this one http://www.central-ticketing.com/ that will send you parking tickets to slap on people's cars. They give you contractually binding warning signs to put up and some parking tickets. You put the tickets on the offending car and take down the details, the parking company then chases the car owner until they pay up. You do nothing else, don't even need speak to the driver, and get paid a tenner from the parking company.

Not in Scotland you can't it is illegal to tamper/clamp/touch another person's property (car) without their consent.

There was a test case a few years ago and since there are no clamping companies operating in Scotland like there was a few years ago when all you had to do was call them re an illegally parked vechicle and they were out faster than a rat up a drain pipe to install the clamp.Believe they are allowed to clamp on private property on the instruction of the owner ,for example an office block carpark if the owner has gone to court previously.

Believe me I know I've been through the whole nine yards wrt to parking problems and private roads.

Problem is you have to take court action against an individual specifically however living near shops and etc as I did you would have had go to take court action against literally hundreds of people each week which meant knowing who they were and etc and proving they had parked there etc etc .

Total no-go and a nightmare to boot.

Only way to have made things more bearable would have been to install rising and falling bollards like they have in the likes of Cambridge however those require planning permission(unlikely) and the (financial,again unlikely)co-operation of neighbours.

tonycosgrove

Debt_Free_Chick wrote: »

It's a private road, so the Council have no authority.

Anyone parking there without permission is committing a trespass, but it would be for the owners (you and other owners) to sue for the trespass. Or (I think) you could engage a private clamping company

The whole point about a private road is that it's your property - so anyone parking there might just as well park in your garden ..... it's up to you what you do about it.

Absolutely correct but doing something about it is easier said than done because by the time you have done something about it the offender is away and you are left fuming.

Most of the time if you confront them all you get is abuse.

One woman told me it was my fault for buying the house (near a school/shops/train station)in the first place!

guppy

tonycosgrove wrote: »

Not in Scotland you can't it is illegal to tamper/clamp/touch another person's property (car) without their consent.

There was a test case a few years ago and since there are no clamping companies operating in Scotland like there was a few years ago when all you had to do was call them re an illegally parked vechicle and they were out faster than a rat up a drain pipe to install the clamp.Believe they are allowed to clamp on private property on the instruction of the owner ,for example an office block carpark if the owner has gone to court previously.

Believe me I know I've been through the whole nine yards wrt to parking problems and private roads.

Problem is you have to take court action against an individual specifically however living near shops and etc as I did you would have had go to take court action against literally hundreds of people each week which meant knowing who they were and etc and proving they had parked there etc etc .

Total no-go and a nightmare to boot.

Only way to have made things more bearable would have been to install rising and falling bollards like they have in the likes of Cambridge however those require planning permission(unlikely) and the (financial,again unlikely)co-operation of neighbours.

I'm not familiar with Scotland, Tony, no doubt the law is more sensible than in England as usual.

Clamping is considered a trespass on the car in England, but its legal if adequate signs are in place. Its now regulated as part of the security industry however, and if you haven't got a licence its a criminal offence. I wouldn't recommend it for a homeowner, due to the unpleasant confrontations that would no doubt result.

The ticketing works on the same principle, the signs must state that the car owner consents to pay a charge by leaving the car on the land. Exactly the same as using a public car park of any type where the signs are clear really.

I think the ticketing is a great idea even though it means a third party pockets most of the money. All you have to do is stick the ticket on the car and record the details. They then trace the owner via the DVLA, chase the debts and sue them if necessary.

I've never used it but lots of places do. I think it would be a sucessful deterrent against even the most obstinate parkers.

Its also of course, one's common law right (in England at least) to eject a trespasser (or their car) using reasonable force. I don't recommend anyone tries this though

tonycosgrove

guppy wrote: »

I'm not familiar with Scotland, Tony, no doubt the law is more sensible than in England as usual.

Clamping is considered a trespass on the car in England, but its legal if adequate signs are in place. Its now regulated as part of the security industry however, and if you haven't got a licence its a criminal offence. I wouldn't recommend it for a homeowner, due to the unpleasant confrontations that would no doubt result.

The ticketing works on the same principle, the signs must state that the car owner consents to pay a charge by leaving the car on the land. Exactly the same as using a public car park of any type where the signs are clear really.

I think the ticketing is a great idea even though it means a third party pockets most of the money. All you have to do is stick the ticket on the car and record the details. They then trace the owner via the DVLA, chase the debts and sue them if necessary.

I've never used it but lots of places do. I think it would be a sucessful deterrent against even the most obstinate parkers.

Its also of course, one's common law right (in England at least) to eject a trespasser (or their car) using reasonable force. I don't recommend anyone tries this though

End of the day life is way too short and I moved.If I'm being honest I turned into someone I didn't like,much.

Big problem about private roads,for me personally speaking,was being told I owned part of the road therefore it was mine,not good.

Actually the parking problem was highlighted in the surveyor's report but I never for the life of me,at the time,thought it was worth walking away from the house.

How wrong can you be,eh?

Happier now though.