Developer requires extensive access to our land (general advice welcome and wanted)

EssexExile

I can't see this being sorted out in two months.

daveyjp

Very unlikely it will be sorted in two months.  It needs agreements and licences preparing and agreeing to (and paying for!).

Jonboy_1984

NicolaDod said:

Jonboy_1984 said:

Does anything in your collective freehold purchase compel you to have to cooperate with any of this?

I.e. were there any conditions that you had to provide access to a developer of that patch of land.

There is no way I would give up an allocated parking space long term if it was in the lease. Simply having communal wheelie bins placed on some spaces at our previous flat caused enough tension…

There were no conditions on the purchase of the freehold, but I think that the easements were granted prior to the purchase as I can see reference to them in the plot of land's registry. I've sent off a form to obtain it (probably a mistake on our solicitor's part not having this, but the freehold purchase was a bit long and messy.) 

Make sure you understand the full wording of any easements as they are sometimes attached to the current owners and don’t transfer between sellers, and sometimes become part of the legal description and would

housebuyer143

Honestly, there seems to be no benefit to you and potential negatives during the building and after. I would probably look to oppose the entire development in it's current proposal.

Do you have time to put in your objections because surely with this many negative consequences for you and the other residents, can they really approve it in its current form? Were the plans approved before the freehold was sold to you? Might now be a reason to try and get it over turned.

Alternatively, if you make it as hard as possible as in don't let them use your space, insist you have access to your house at all times of the day etc, no skip outside your window, maybe the two months passes and they have to reapply again.

stuhse

You need to understand anyone can apply for planning permission anywhere.  You could apply for planning permission on my garden. Having got the planning permission you could not build it until you buy my garden off me. 

 They cannot build stuff on your land unless you agree to it. Can now you see you are no obligation to facilitate their plan ( or planning conditions) not skips , toilets, gates, water.  

Doozergirl

housebuyer143 said:

Honestly, there seems to be no benefit to you and potential negatives during the building and after. I would probably look to oppose the entire development in it's current proposal.

Do you have time to put in your objections because surely with this many negative consequences for you and the other residents, can they really approve it in its current form? Were the plans approved before the freehold was sold to you? Might now be a reason to try and get it over turned.

Alternatively, if you make it as hard as possible as in don't let them use your space, insist you have access to your house at all times of the day etc, no skip outside your window, maybe the two months passes and they have to reapply again.

Planning Permission has been granted.   There is nothing to appeal. 

That said, it doesn't necessarily mean they can build it if they are reliant on using the OP's land without proper legal agreements in place.   There may well be access agreements in place but the OP needs to know what they are before they agree to anything. 

There is a difference between allowing access and allowing your land to be used as part of a building site to save the developer some inconvenience.  Or permitted someone unrelated to build on something that is demised to you personally under a lease.  

Proper legal advice needed.  

GrubbyGirl_2

If any of you have legal cover on your home insurance now is the time to use it

GDB2222

Doozergirl said:

Jonboy_1984 said:

Does anything in your collective freehold purchase compel you to have to cooperate with any of this?

I.e. were there any conditions that you had to provide access to a developer of that patch of land.

There is no way I would give up an allocated parking space long term if it was in the lease. Simply having communal wheelie bins placed on some spaces at our previous flat caused enough tension…

This. 

I'm much more interested in what your actual legal obligations are here, if you own the freehold of what is left.

There is probably more that they can't do than they can.   Is this bungalow always going to accessed by a metre wide path?

I'd tell the developer that you need some paid legal advice and they need to pay for it...  

Without the permission of the OP and the other owners of the freehold, the developer may have a plot that, in practice, cannot be built on. Or at least cannot easily be built on.

As you say, a lawyer should advise, and since the developer wants to get on with this, the developer should pay.

Eldi_Dos

 @NicholaDod
                 
 Seems like the developer has bought a pig in a poke and the original freeholder has done well.

Do you know if they have a business or family connection ?

You should not let anyone else's perceived timetable influence you in anyway.

I am a bit bemused how a path 0.8 mts is considered acceptable for a development as it does not seem fit for mobility users.

One question to ask yourself is would the proposed bungalow add value and amenity to your property or detract from it.

Gavin83

The developer potentially might have permission to access the site along the path. However they certainly don’t have the right to be putting skips on your land, putting wires/gates on your building and they certainly don’t have the right to be building permanent structures on your land.

Personally in your shoes and as someone who has lived next to a building site I wouldn’t be entertaining this at all.

Firstly I’d be contacting the planning department, letting them know that some of their planning conditions are impossible to implement as it requires the use of land they don’t own and you believe the path is inadequate for access. Tell them you believe the plot isn’t a viable piece of land for development and suggest they visit the site to assess this for themselves. This’ll never be resolved in 2 months so they’ll need to reapply anyway.

I suspect this isn’t a realistic building plot and if you cause enough of a problem it might never be built. Expect a fight as it’s likely to leave the developer seriously out of pocket but frankly that’s not your problem.