Developers increasing number of households on shared drive

eamonp

Hi,
In a bit of a stressful scenario as I have learnt our neighbour who we share a driveway with are selling to property developers who will replace their household with 9 new households. The property developers have their legal team supporting them and we are worried that we are going to be steamrolled.
Essentially we have access rights over each others property to the main road. The drive is in a u shape syarting on neighbours property pasding over ours and continuing back onto theirs to the road. With tje mew development it will mean 9 households with car, bins, deliveries all passing over our part of the drive which will be just too much.
Do we have any rights? The neighbours are just seeing the big payment and are not interested in avoiding the impact on us when they are gone.
We are very stressed and do not know where to start or what to expect or indeed should we just leave and cut our losses. Any advice or experiences that might help would be appreciated.
Thanks

AdrianC

What is the precise wording of the right of way?

It could be argued that it is that title that enjoys right of way, and that title will simply become the freehold for a development of nine properties.

Or, just maybe, the developer are planning to separate the access road, and you'll actually be better off...?

unforeseen

How much land have they got if they are putting 9 new houses on it?

AdrianC

unforeseen wrote: »

How much land have they got if they are putting 9 new houses on it?

Probably not THAT much. That'd fit easily on considerably less than an acre.

eamonp

Thanks for getting back and good questions ... maybe they will carve off their own access, although at the moment that looks like a big challenge for them. with the slope.
The way the deeds are written, includes 'a right for the Vendors or their successors in title owner or owners for the time being of the adjoining land edged green on the said plan at all times to pass and repass with or without vehicles over and along that section of driveway hatched red on the said plan in common with the purchaser his successors in title the owner or owners for the time being of the property conveyed subject to the lapse of such right ...'
Does that make it any clearer or just more blurred?

eamonp

As I understand it, they will turn a detached house with large back garden into a 3 storey building with apartments, parking etc

D_M_E

Have you considered either asking developers if they would like to purchase your property and do a larger development, or objecting to the plans as access could be an issue, together with parking?

What do highways have to say about the proposed development?

Have the plans actually been passed?

eamonp

Thanks for getting back.

I will try and answer the questions, by giving the recent history ...
The estate agent working on behalf of the developers approached us after they approached our neighbours and offered us an amount. The offer would have meant our family would have to move further out from children's schools and where we commute to work ... a lot worse off. The estate agent made it clear that they would go no higher and when we talked about our rights to not have lots of traffic over our property, he said that the developers would be looking into our deeds and would get around any issues for them (yep, quite threatening and scary). When I read the council rules on objections to developments, they specifically exclude any right of ways or boundary issues from their considerations - it is a private matter.

The only access for them is over our part of the driveway.

Our neighbours who have family grown up are proactively talking to the developers and the tree surgeons are now in to look at cutting down trees before we believe the planning application goes in. House next door to them followed the same process (ie cutting trees down before applications go in) and looks like they are nearly through. Our neighbours are very secretive and tend to do things without any consultation, and proactvely avoid discussions or compromise.

James1968

Speak to the Estate Agents who made you the initial offer and tell them what you would be prepared to accept for your property in exchange for your support.
If they won't match it. Then send in an objection on the grounds of access.

You can be a real pita to the developers if you want to. Organising local protest groups etc.

eamonp

Thanks for your advice. I did speak to the estate agents and they were resolute that the offer was the offer.

diggingdude

eamonp wrote: »

Thanks for your advice. I did speak to the estate agents and they were resolute that the offer was the offer.

Well.....they would say that. They will be thinking of their profit only. They may offer more when you start making things difficult/