Crossing an access road to property.

8argainhunter

Just moved in to new house and parking is a real pain. I planned on putting in a drive at the front, there is no garden at the back. Problem is I literally have to drive down 4 metres of an  unregistered (I checked) access road (from public highway) to get to my planned drive. The properties that the access road gives access to were built decades after my property, but I do not know what was there before the access road. Word had got about regarding my plans and the originally unregistered road has now been registered by an owner of one of the properties the road gives access to. This is annoying considering it has been recently registered just to stop access to my planned driveway. I have tried speaking to the "now" owner but he would not even consider payment to use it, he has achieved what he set out to do. Can this be seen as unlawful and underhanded. I cannot see anything on my deeds but how would I find out if there is an easement on the deeds to the road?

user1977

Do you have any right to use this road? If not then I don't see what's "underhand" about the owners preventing you from starting to use it.

loubel

Was this not investigated during your conveyancing? Presumably you have a right of way over the road on foot to access your house? What is the wording of that right? If you don't have vehicular access rights and the owner isn't willing to grant you them then you won't be able to put in a drive.

8argainhunter

Do you have any right to use this road?

Presumably you have a right of way over the road on foot to access your house?

All of this is information I need to find, but where? when its regarding a road not a property.

user1977

8argainhunter said:

Do you have any right to use this road?

Presumably you have a right of way over the road on foot to access your house?

All of this is information I need to find, but where? when its regarding a road not a property.

If you've just moved in, presumably your solicitor told you about what you were buying and what rights you had?

It's difficult for us to advise from the description you've given - is this road you're talking about something which you are currently using in any way at all? Photos or diagrams might help.

As I alluded to above, you can't just decide to start driving over somebody else's neighbouring land to get to your house, so I'm not sure why you'd think it might be "unlawful" for them to try to stop you...

propertyrental

The 'now owner' has not just suddenly taken ownership. He always had ownership of the road. The difference is that this now registered, but that has no bearing on whether you have a ROW.

Does your property have any other access, either on foot or by road? If not, does your property have a ROW on foot? What exactly does it say in your titles deeds. Please quote in full.

Surely your solicitor looked into your access rights and advised you when you were purchasing? What exactly were you told?

pinkshoes

I'm not quite sure I understand.

If it's not on the deeds then I'm thinking you can access the house from the public highway but you have bought a house with no parking.

There is a garden at the front that you want to park on but the only way to access in a car is via this other private road?

So the access road is not mentioned on the deeds because you van access the house on foot via the main road?? This would explain why there is no mention of access in the deeds.

If that's the case and the owner says no then the answer is no. 

Can you draw a diagram for us?

ProDave

As others say, the act of registering what he already owns has not stopped your plans to use it. Even before he registered it, you had no right to use it for vehicle access and he could have stopped you.

Read your deeds word by word and see if there is anything that might give you vehicle access over it, download the deeds the the private road now registered and read that.  If either give a glimmer of hope that you might have access rights, then get a solicitor to interpret the wording and advise you.

If this parking was vital to you when buying this house, you should have confirmed you had a proper right of access before buying it. 

Flugelhorn

definitely have a look at the relevant deeds, If your house was there before the others then likely you have always been able to have access down the road. 

Section62

Flugelhorn said:

definitely have a look at the relevant deeds, If your house was there before the others then likely you have always been able to have access down the road. 

There's nothing in the OP's post to suggest that would be the case.  Being there first doesn't give automatic rights of access over someone else's land.

Jonboy_1984

Is this access road in front of the property, or does it run down the side?