Access dilemma and (potential) dispute with neighbour

unforeseen

Clutterfree wrote: »

My thoughts exactly.
If you block access on the existing drive he may then decide to use the agreement for the new access./QUOTE]

I think that agreement needs to be looked at by a legal professional. I doubt that the neighbour can unilaterally decide that the new access be built. Sticking point would be getting PP when they don't own the land and that land owner puts in an objection.

anselld

unforeseen wrote: »

I think that agreement needs to be looked at by a legal professional. I doubt that the neighbour can unilaterally decide that the new access be built. Sticking point would be getting PP when they don't own the land and that land owner puts in an objection.

Land ownership is not a planning issue.
However it would be an issue if they attempt to build.

Marine_life

unforeseen wrote: »

Clutterfree wrote: »

My thoughts exactly.
If you block access on the existing drive he may then decide to use the agreement for the new access./QUOTE]

I think that agreement needs to be looked at by a legal professional. I doubt that the neighbour can unilaterally decide that the new access be built. Sticking point would be getting PP when they don't own the land and that land owner puts in an objection.

The local council have already said they will not grant planning permission. However, my lawyer informs me that a legal agreement supercedes the planning authority and therefore because planning would not be allowed NOW, does not mean it would not be allowed at some point in the future. That's whats more annoying than anything as it efectively leaves us in limbo.

diggingdude

could you not suggest that now you have another house, you may look at putting the neighbours from hell in as tenants and inform these tenants that the driveway is their land so can put as many knackered ford escorts as they want on it....or they could sign an agreement not to build the drive?

MysteryMe

Have you negotiated and counter offered their £100,000 at all

Offer them £10,000 or whatever as a firm offer and if not done already tell them what the council said to you, give them the details of the person you spoke to and say at the end of the day if they don't sign it wont change anything because the reality is permission is unlikely be granted and certainly not granted under the current planning regime so they might as well get some free money.

If you escalate matters as you appear to want, then you will definitely be putting any proposed sale at risk as not only will it have to be declared but you will be putting what sounds like an unlikely event very much to the fore and far more important a factor than it ought to be.

FBaby

4. Nobody has any intention of building the alternate access but without this right being removed we cannot sell our property.

You can't say who has what intention. How can you know what future buyers might want to do?

Also don't understand why you can't sell your property? Or do you mean that you can't sell at the price you want? If that's the case, how is that the problem of your neighbour?

Savvy_Sue

is this the kind of situation where an insurance policy would be a way forward, ie the vendor pays for insurance in case X arises.

Just musing ...

unforeseen

Marine_life wrote: »

unforeseen wrote: »

The local council have already said they will not grant planning permission. However, my lawyer informs me that a legal agreement supercedes the planning authority and therefore because planning would not be allowed NOW, does not mean it would not be allowed at some point in the future. That's whats more annoying than anything as it efectively leaves us in limbo.

Yes, but can one party unilaterally decide to put the access in?

I would get a second opinion on whether a legal agreement between the original builder and the first owners can overturn a planning authority decision

Marine_life

FBaby wrote: »

Or do you mean that you can't sell at the price you want?

No, its means we can't sell at a price that reflects the fair value without an unenforceable and meaningless encumberance. As I said, the coucil have said they would turn down a planning application.

FBaby wrote: »

If that's the case, how is that the problem of your neighbour?

Because they have exactly the same issue i.e. it impacts both our properties.

Tom99

Marine_life wrote: »

The driveway between the houses is not covered by any agreement. However, we do have plans for the plot on which our house stands which shows that our boundary includes the existing shared driveway.

[FONT=Verdana, sans-serif]This seems to be your trump card, particularly since the shared driveway has only been in existence 10 yrs.[/FONT]
[FONT=Verdana, sans-serif]Any chance of posting a plan showing the existing, the shared and this new potential driveway? Its difficult to imagine how they all fit together.[/FONT]
[FONT=Verdana, sans-serif]Has you solicitor confirmed that the agreement is still valid and live and runs with the land?[/FONT]
[FONT=Verdana, sans-serif]Since the new driveway will be mostly on your land, does this agreement grant your neighbour a permanent right of way over this land or provide a mechanism for how they will unilaterally acquire a right of way, as without that any new access will be a worthless liability to them.[/FONT]