Private road with shared access issue.

Usurper101

Morning all,
I own a property with an access road attached that allows three other houses right of access to their properties behind mine.
I came in today to find my drive wall had been knocked down by what I believe was an Amazon delivery van (although I can’t be certain of this as no camera footage of the area or incident). 

The road is private and a Cul de sac so there is very little vehicle use other than the three neighbouring residents and delivery vans to the properties behind mine. I know one of the neighbours had an Amazon delivery in between the times that the wall was damaged. 

My question is can I prevent delivery vehicles from coming down the road as I own it and the right of way on the deeds stipulates resident access only provided shared up keep of the road from them.
I was considering some form of gate at the start of the entrance to prevent this occurring in the future.

Any knowledge of this type of issue would be appreciated.

Looking at the forum categories I’m not sure if this is the type of question I should be asking on here, so apologies if I’m posting inappropriately.

user1977

More one for the house-buying forum really. But access by residents includes their visitors, not literally only vehicles the residents are driving. And you'd need consensus for a gate (assuming the titles don't mention one).

flaneurs_lobster

When this (installing gates) last came up as a solution to problems on our private lane (the problems being primarily non-resident parking and speeding short-cutters) the consensus was no.

No access for deliveries, emergency services and visitors (social and caring) were the primary reasons but also cost and the exact form of access control and who has responsibility for it.

We have rather more properties than 4 to consider 'tho.

stuhse

Usurper101 said:

My question is can I prevent delivery vehicles from coming down the road as I own it and the right of way on the deeds stipulates resident access only provided shared up keep of the road from them.

No, absolutely not. The owners of the respective houses decide who can visit their properties , not you. Their rights are defined in their deeds and by past case law, and cannot be varied by you without their agreement. 

The installation of gates on a private rights of way by sevient owners (you in this case) is a complex issue and depends on the EXACT circumstances in each case.  However if a gate prevents access of an unannounced visitor to a dominant users (your neighbours) property to drop of a package whilst that property in unattended (eg. postman or amazon delivery driver) it will almost certainly fail the legal test and be found to be what is called a 'substantial interference' . I believe this is what you are proposing to do so your gate would (almost certainly) be unlawful in these circumstances.

prowla

You could get a camera to cover future potential issues.

Arunmor

flaneurs_lobster said:

When this (installing gates) last came up as a solution to problems on our private lane (the problems being primarily non-resident parking and speeding short-cutters) the consensus was no.

No access for deliveries, emergency services and visitors (social and caring) were the primary reasons but also cost and the exact form of access control and who has responsibility for it.

We have rather more properties than 4 to consider 'tho.

That's a completely different scenario.  You are describing a lane where all properties own a share.  The OP is describing a property he own with rights of access.

OP my thought on this is tread very carefully and don't be hasty, you all need to rub along.  Gates are not the answer.

flaneurs_lobster

Arunmor said:

That's a completely different scenario.  You are describing a lane where all properties own a share.  The OP is describing a property he own with rights of access.

Completely agree, wasn't seeking to compare ownership and rights thereto, rather the kinds of access that residents might expect to be available to their dwellings.

sheramber

Access for emergency vehicles would have to be m,aintained. 

How do you envisage that would happen?

Grey_Critic

I keep reading about people claiming their rights on access and each time it seems the lawyers get ever richer. 

If you check the deeds I think that there will be a clause that allows those with right of accees the same for visitors and works/service vehicles - the man who delivers or the service engineer plus various bodies Gas/water/Electric.- trying to bar them could become very, very expensive.

I would discuss with the person who had the Amazon delivery and Amazon

Okell

@Usurper101 -  you might be better posting here House buying, renting & selling — MoneySavingExpert Forum as I'd say this is a property law issue.

You could also try FTLA Non-motoring legal advice Non-motoring legal advice

or Legal Beagles  Housing, Property and Neighbours - LegalBeagles Forum

I may be mistaken but personally i doubt that you can just put a gate up.

What makes you think an Amazon delivery driver damaged your wall?  If you have evidence take it up with Amazon.  I don't think it's anything to do with whoever it was being delivered to, unless they can confirm Amazon caused the damage

Usurper101

Thanks for the input.
I wouldn’t look to deny access to residents or emergency vehicles, but I’m not sure why the law thinks it’s fine for someone to come onto my property and damage it without my rights being considered. I own the road, it’s part of my property, so I think I should expect some form of consideration from users including neighbours. The gates an idea but would need thought on implementation. 
With regards to why I believe it was an Amazon driver. The neighbour confirmed an Amazon delivery between the times the wall was knocked over and there were two workman on his property who saw the Amazon van reverse down the drive and turn into my property where the wall is. They had a radio playing so didn’t hear anything down the drive, but confirmed the van reversed into the property where the wall was to spin around.

The road is quiet as already explained and nothing else came up the drive while they were there in the afternoon. I’ve spoke to Amazon who have opened up an investigation. I’m sceptical of a positive investigation or outcome from them, however we will see.