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As a starting point, can you do a Map Search of the area to check whether this piece of land has a title number? If it does, then download the deeds for it for details of the registered proprietor. If there is no title number, then it does sound like the road/pathway is unadopted, athough it may be that the houses which use this road to access their gardens have rights to pass and repass over this area by foot, but not by vehicular.
Tried this and there is no title number. I'm fairly certain it's Unadopted as per the original post.
Why does this imply no vehicular access? The road was built in 1936 when many had cars, carts, wheelbarrows etc.
Also if not a vehicular access road surely this applies to all users, including our developer friends?!0 -
Find out if anyone has a full set of deeds going back to the time they were build, that should trace the land ownership and how it was split up.0
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WHO says tarmacing the track to give access to the new houses would stop the existing houses continuing to use it as well?
Sometimes in a situation like this it is best to "allow" a less bad scheme. They are talking of 6 new houses now, not 25. This is just like in a village I used to live, and the proposal was for a lot of houses then a few less etc, until it got to a proposal for 5 houses and the head of the Parish council stood up at the public meeting and said "For heavens sake let them build these 5 houses it is infinitely better than any scheme proposed before"
They might find selling the houses difficult as they may not come with a watertight right of access, but that is their problem.0 -
If you have a right to use this track then the two nearby plots they have bought probably have that right as well. As has been suggested the land where the track is probably belonged to the original 1930s developer so unless he can be traced and is still alive or if a company it is still in existence, then it is very unlikely the true owner of the land can be found.
It is almost impossible to obtain a possessory title over an accessway as nobody would be able to show that they had exclusive use of it and made this clear to others - by fencing it in. So although the developer might not actually own the access are I can't see anyone can use land ownership etc to stop the work.
Arguably laying a tarmac surface could require planning permission - this is a point I'm not sure on as I am not up to date with the minutiae of planning law now, having retired, but it may be worth checking with the Council if that building or engineering operation would require planning permission. If it would and it has not been given then possibly the Council might take enforcement action, if they felt it was expedient to do so.RICHARD WEBSTER
As a retired conveyancing solicitor I believe the information given in the post to be useful assuming any properties concerned are in England/Wales but I accept no liability for it.0 -
WHO says tarmacing the track to give access to the new houses would stop the existing houses continuing to use it as well?
.
To turn a dirt track info a decent tarmac road for high spec houses will take at least 6-10 days.
During these 6-10 days there will be no access to the road as it will be a pile of rubble / wet tarmac / road rollers etc.
By tarmacking it the developer is in effect removing our established access to this road for that short period of time.0 -
Richard_Webster wrote: »If you have a right to use this track then the two nearby plots they have bought probably have that right as well. As has been suggested the land where the track is probably belonged to the original 1930s developer so unless he can be traced and is still alive or if a company it is still in existence, then it is very unlikely the true owner of the land can be found.
It is almost impossible to obtain a possessory title over an accessway as nobody would be able to show that they had exclusive use of it and made this clear to others - by fencing it in. So although the developer might not actually own the access are I can't see anyone can use land ownership etc to stop the work.
Arguably laying a tarmac surface could require planning permission - this is a point I'm not sure on as I am not up to date with the minutiae of planning law now, having retired, but it may be worth checking with the Council if that building or engineering operation would require planning permission. If it would and it has not been given then possibly the Council might take enforcement action, if they felt it was expedient to do so.
This is very useful thanks0 -
Roads get closed all the time for maintenance, roadworks and resurfacing .... trying to defeat a planning application on the basis of you being inconvenienced for a few days is looking a bit desperate. It doesn't sound like this is your only access route, just a way to the back of your houses, which makes any argument even less effective.
Concentrate on objections based on proper planning issues to frame your case, and as mentioned above, consider that some sort of development of the site may be inevitable, so try and get the least damaging outcome for you.0 -
Yes, but like I said above, it's inevitable that the road will need maintained at some point and that it will be out of action. I doubt that having a right of access entitles you to object to the owner improving the road.To turn a dirt track info a decent tarmac road for high spec houses will take at least 6-10 days.
During these 6-10 days there will be no access to the road as it will be a pile of rubble / wet tarmac / road rollers etc.
By tarmacking it the developer is in effect removing our established access to this road for that short period of time.0 -
Something similar to this happened near where I used to live. A farmer wanted to build a house on his land. The locals objected due to the increase in traffic. The application was turned down but the farmer could still build farm buildings on it which he did. So the locals now have a large ugly metal barn and lots more tractors using the road. Own goal really.
Sometimes in a situation like this it is best to "allow" a less bad scheme. They are talking of 6 new houses now, not 25. This is just like in a village I used to live, and the proposal was for a lot of houses then a few less etc, until it got to a proposal for 5 houses and the head of the Parish council stood up at the public meeting and said "For heavens sake let them build these 5 houses it is infinitely better than any scheme proposed before"0
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