Development in Private Lane

JMKernow

A developer has obtained outline planning permission to replace 1 house with 5 half way down our very narrow cul de sac private lane that all the residents maintain.
If a single unit development replaces an existing single dwelling then the right of way that the developers will need to use in the future will not be different to the right of way that the previous owner had enjoyed.  Presumably it does not follow that the rights that have always benefitted a single dwelling will be sufficient to benefit the 5 homes that the developer intends to construct in its place.
Any advice gratefully received.

davidmcn

Who owns the lane and what (if anything) do the titles actually say about a right of way?

princeofpounds

There are plenty of details that could be important, but it is typically an uphill battle to demonstrate excessive use when the use is merely intensifying rather than changing in nature.

https://www.charlesrussellspeechlys.com/en/news-and-insights/insights/real-estate/2019/redevelopment-was-the-proposed-use-of-a-right-of-way-excessive/

https://www.wilsonbrowne.co.uk/news/business/acquired-rights-of-way-and-drainage-intensification-or-change-of-use/

I would add to Davidmcn's questions - what are the actual arrangements for maintenance of the road?

Mickey666

You may be presuming too much.  Who actually owns the land over which the lane runs?  I suspect that the landowner can grant whatever rights they like over their own land, probably with an associated obligation for maintenance.   I would expect the developer’s legal people have already looked into this issue and are confident about their plans.

unforeseen

If the existing house has a ROW along the lane then the 5 houses will also acquire that right of way so would be near impossible to claim excess use as each house has a ROW

It is the land that has the ROW so split the land and each bit inherits the ROW

ProDave

Check your council policies.

Where we are, if a development means a private road will serve 5 or more houses in total, then normally the council demand that road is upgraded to highway standards and then adopted as a public road.  So a major expense for whoever builds the 5th house on the road.

Mickey666

unforeseen said:

If the existing house has a ROW along the lane then the 5 houses will also acquire that right of way so would be near impossible to claim excess use as each house has a ROW

It is the land that has the ROW so split the land and each bit inherits the ROW

In such a case, what would happen to the maintenance obligation?  If, say, the existing house has an obligation to pay 20% of the maintenance costs, would the five new houses inherit an obligation to pay 4% each, thus totalling the original 20%?

I guess much depends on the wording on the deeds.  Could the maintenance obligation be specified as an 'equal' share rather than a defined percentage?

JMKernow

davidmcn said:

Who owns the lane and what (if anything) do the titles actually say about a right of way?

Many thanks for the interest. No one owns the lane. It has a Land Registry title number with a caution against first registration.
There has been no mention in any of the title deeds with regard to ownership.

Hi_Fidelity

If the 1 house is replaced by 5, would that not reduce the proportion of any maintenance charges for the existing properties? e.g. 6 houses off the lane ...so each house pays 1/6th of the charges. 1 house becomes 5, making 10 in total ... so each house pays 1/10th of the charges.

JMKernow

Yes that should be the case as long as the developer agrees to abide by our maintenance agreement.
Our main concern is for the safety of property owners and all the other people that use the lane, particularly at the construction phase.

JMKernow

A question I have is with regard to the county highways rights of jurisdiction over a private lane.
Clearly they have a responsibility for the exit of the private lane onto the adopted highway network.
Do they have any responsibility for safety issues within the lane?