Right of Way - Maintenance Charge

jess_redrow

Hi all -

Our garage backs onto a private car park, and we have right of way over this private land to our garage. The car park has an electronic gate, and we have keys to allow us to open this gate. 

We have just been sent a letter from a solicitor stating that they are considering if we need to contribute to the maintenance of this gate.

I have read through the deeds and it just says ''The rights..at all times by day or night to pass and repass with out without motor vehicles to or from the Dominant Land from between or to the servient Land over and along the private roadway..to gain access and egress to and from the Dominant land to the Servient Land" 

There is no other mention of a charge in the deeds, so am assuming this is not enforceable - but wondered if anyone had come across anything similar before? Thank you! 

Albermarle

Presumably the owners of the car park, at some point decided to put an electronic gate at the entrance without you requesting one.
Therefore as it was their decision, they should not ask you to contribute to the maintenance ( in my opinion ).

propertyrental

If that is genuinely the only reference anywhere to your ROW, then no, the car park owners must provide access (as they have done by providing a key) but there seems to be no requirement for a gate, nor for you to contribute to such a gate.

You could ask the solicitors to provide evidence that you are liable to contribute eg by reference to a relevant clause in a relevant deed.

loubel

If there is no definitely no mention of contributing towards maintenance then you should not have to do so. What did your solicitor say about it when you bought?

jess_redrow

Yeah the ROW is a deed attached to the registry - so it is pretty simple.

Is there any amiss on the solicitor for sending out something that wouldn't be legally binding if they did try to enforce? 

loubel

If they are checking the Deeds then hopefully they will conclude that you aren't liable to pay. If they decide they think you are liable then they will likely explain why when they start asking you to pay but, if not, you could ask them to prove it and take your own legal advice.

They may threaten to prevent your access if you refuse to pay, in which case you might have to take them to court for blocking your legal right of way. Your home insurance might be able to assist you with this if it comes to it. Hopefully none of that will happen. If the land owner is taking legal advice then they will hopefully be advised correctly. 

stuhse

They have written to tell you what they are considering.  How strange.  Perhaps write back and tell them you are considering whether to have a slice of lemon in your G & T or not, or whether to go to Blackpool or Morecambe for your holidays.  If they do their considering properly they will realise they have no right to charge you.  In fact they are on dodgy ground placing a gate, let alone a locked gate across your right of way. ..you could write back telling them you do not need the gate or the lock and are considering asking them to remove the gate as you believe it causes a 'substantial interference' to your right of way. And quote some case law  

https://www.hughes-paddison.co.uk/site/blog/property-litigation-blog/rights-of-way-is-a-gate-an-obstruction

https://www.footanstey.com/our-insights/articles-news/a-gate-too-far-when-does-a-gate-amount-to-an-interference-with-a-right-of-way/

A quick google will find you more.

Albermarle

stuhse said:

They have written to tell you what they are considering.  How strange.  Perhaps write back and tell them you are considering whether to have a slice of lemon in your G & T or not, or whether to go to Blackpool or Morecambe for your holidays.  If they do their considering properly they will realise they have no right to charge you.  In fact they are on dodgy ground placing a gate, let alone a locked gate across your right of way. ..you could write back telling them you do not need the gate or the lock and are considering asking them to remove the gate as you believe it causes a 'substantial interference' to your right of way. And quote some case law  

https://www.hughes-paddison.co.uk/site/blog/property-litigation-blog/rights-of-way-is-a-gate-an-obstruction

https://www.footanstey.com/our-insights/articles-news/a-gate-too-far-when-does-a-gate-amount-to-an-interference-with-a-right-of-way/

A quick google will find you more.

Unless it is a dodgy area, and then the  OP might feel more secure with a gate on the car park. Even if it is not a dodgy area it stops teenagers riding around the park on bikes etc. so maybe best not to threaten them with removing it .

[Deleted User]

It's a blag. Some people will just pay. If you just get them no they will probably go away.