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Is Right of Way automatically granted after a period of time

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Comments

  • Verora
    Verora Posts: 15 Forumite
    Part of the Furniture First Post Combo Breaker
    user1977 said:
    Is the right of access relevant here? Sounds more like the concern is how to control parking.
    It is both. To ensure the RoW is documented correctly so all future owners of both lands know their rights, and to ensure the private road isn't used as a carpark.
  • Verora
    Verora Posts: 15 Forumite
    Part of the Furniture First Post Combo Breaker
    What register of titles do you want to put it in? Are you now the owner of the private road?

    Wouldn't the builders have implicitly granted a ROW by supplying a dropped kerb to the house? 
    I am not the owner of the private road; I am about to become a Director of the company that owns the road.
  • Verora
    Verora Posts: 15 Forumite
    Part of the Furniture First Post Combo Breaker
    sheramber said:
    Can you explain what the actual problem is that you are trying to prevent?


    There are 14 houses adjoining the private Estate Road. The Road is owned and managed by a Ltd company. The 14 owners of the houses are shareholders in the company. Parking is limited on the Road and all 14 properties have a covenant to not obstruct the Road, pay for insurance/maintenance etc.
    A separate Property also adjoins the Road.
    Both the Property and the Road have explicit RoW over a small privately owned parcel of land at the Entance to both. The RoW granted to the Property over the Entrance land is not well placed and directly off an A road, so a verbal, undocumented agreement was made years ago that the Property could be accessed via the Road too; turning into the Road for a short distance first and then entering the Property was safer.
    Over time, and various shareholder changeovers, the verbal agreement is questioned and a desire to withdraw it is immiment, especially as the Property parks inconsiderately at the entrance to the Road.
    I am seeking an explicit, permanent agreement to give the Property RoW over the Road, because that is reasonable and will end the squabbling and complaining from some shareholders that want all rights withdrawn.
    I am attempting to prevent the Property implicitly being given the same access and usage rights as the 14 shareholders that are paying for the upkeep and use of the road.
  • Verora
    Verora Posts: 15 Forumite
    Part of the Furniture First Post Combo Breaker
    bouicca21 said:
    I wonder about the ‘private road’.  Where I live there are lots of roads that residents refer to as ‘private’ but actually they are all unadopted public highways.  Anyone can use them.  This is very different to a ‘real’ private road near to a relative’s home which has a barrier so that only residents of the road can unlock and pass through it.

    It is a 'real' private road, registered to a Ltd company with 14 shares held by the 14 properties adjoining it.
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