Crossing an access road to property.

loubel

8argainhunter said:

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

From your Title Deeds, which should have been summarised in the property report prepared for you by your solicitor. If the property is accessed by a privately owned road then your solicitor should have checked that it came with rights of access. 

eddddy

8argainhunter said:

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.

If it's already an access road for other houses, it's surprising that the owner won't sell access rights to you as well.

It sounds like an opportunity for the owner to make some "free money".

Do you know why the owner is refusing? Could it be, for example, that you're on bad terms with the owner for some reason, so the owner is getting revenge by refusing to sell you the access rights?

(For example, did you wrongfully suggest to the owner that he is acting unlawfully and being underhanded - and he is now offended?)

Flugelhorn

Section62 said:

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.

just wondering what else the road would have been access to before the newer houses were built. Definitely the sort of thing that should have come up in the conveyancing process unless OP actually access at the other side of the house but it would more convenient if they could park in the new spot they have in mind. How do deliveries get there? 

user1977

Flugelhorn said:

Section62 said:

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.

just wondering what else the road would have been access to before the newer houses were built.

The OP doesn't actually say the road existed before the newer houses.

theoretica

8argainhunter said:

 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.

Try looking at old maps if you want to find out what was there before - the NLS website is great for this.

propertyrental

We are all now guessing.

To provide sensible advice/ answers, OP needs to tell us

* exactly what is in his deeds (available online for £3 if he does not have a copy)
* exactly what is in the deeds for the road (likewise £3)
* the layout of property and access ie is there alterative access (foot or vehicular)? how does he currently get to his property? (ideally a map/diagram)

8argainhunter

Section62 said:

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.

I did say "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." in the original post. Thank you Flugelhorn you seem to understand my side.