Access to development

F

Fisherman

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We are a small development of 6 houses accessed by a common road from the main highway.
We have been here for 30 years. Out of the blue, the local farmer, who originally owned the
land on which the houses are built, is now wanting to charge us for access/use of the common road which he claims he still owns. Over the years the road has been surfaced and all services installed at the residents expense. During this time the road has been maintained by the residents also. Is he just 'chancing his arm' or does he have a claim after all these years.
 
looks like he is looking for a shakedown from ye and hopes to get some money from it. if he did not make a claim in 30 years then that might be in your favour. Best get good legal advice though
 
seems odd that all 6 house purchases could go through without clear access first being confirmed
 
Unsure of adverse possession would apply in this case, think ye as a group of 6 need to pool together and get a solicitor involved.
Bring all evidence \ receipts \ documents ye have in relation to the monies ye have put into it.
 
john luc said:
seems odd that all 6 house purchases could go through without clear access first being confirmed
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This. Planning permission wouldn't have been given for the development without clear access to the development. Add in that the residence paid for and maintain the upkeep of the road, he's on shaky ground. You should be able to see if there's a right of way in the Land Registry.
 
odyssey06 said:
Unsure of adverse possession would apply in this case, think ye as a group of 6 need to pool together and get a solicitor involved.
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I don't believe it will in the case of a shared roadway. The farmer's access to the land covered would need to have been excluded for 12+ years.

Fisherman said:
We are a small development of 6 houses accessed by a common road from the main highway.
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As above, it would be very unusual that 6 solicitors missed ensuring rights of way were in place here. Take a look at the LandDirect site to check if title is registered.
 
Who built the development, who put in footpaths, waste pipes, lighting, phone lines ducting, electric ducting, etc? Who sold the houses, who got planning permission and what did planning say, did you all use the same solicitor, were all the houses sold or are some rented.
 
Thanks for all the replys folks. I said in op it was a development but I meant in a sense that six individual houses were built, with plots having been originally purchased from the farmer. Some of the plots were sold on before being built on. Will have a look at the land registry as suggested.
 
Leo said:
I don't believe it will in the case of a shared roadway. The farmer's access to the land covered would need to have been excluded for 12+ years.



As above, it would be very unusual that 6 solicitors missed ensuring rights of way were in place here. Take a look at the LandDirect site to check if title is registered.
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I checked the LandDirect site. None of the six houses are registered.Will the info I require regarding the road be detailed on my property Title Deeds ?
(I have applied to mortgage provider to release them to me). How do I go about registering the deeds with Land Registry, does it require legal input.?
 
Fisherman said:
I checked the LandDirect site. None of the six houses are registered
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That's not really relevant.

Is the roadway itself registered? If any of the 6 owners has registered a right of way, then it will be coloured in yellow on the land registry map.

Rights of way can be complex, but your extended free use of it simplifies things. If you had use for 20 years prior to 2009, you can just it registered easily enough. If not, you need 12 years use post 2009, which means 2021 is the earliest you can register it. This is unless you already have, or can obtain, written right of way from the landowner.
By the way, they are supposed to be registered by the end of 2021.

It'd be worth having a conversation with a conveyancing solicitor. As part of the planning application or the purchase of site, a right of way should have been secured, but it depends on how long ago it was.

Even if he is chancing his arm, these things get expensive quickly if it goes down a legal route.
 
RedOnion said:
That's not really relevant.

Is the roadway itself registered? If any of the 6 owners has registered a right of way, then it will be coloured in yellow on the land registry map.

Rights of way can be complex, but your extended free use of it simplifies things. If you had use for 20 years prior to 2009, you can just it registered easily enough. If not, you need 12 years use post 2009, which means 2021 is the earliest you can register it. This is unless you already have, or can obtain, written right of way from the landowner.
By the way, they are supposed to be registered by the end of 2021.

It'd be worth having a conversation with a conveyancing solicitor. As part of the planning application or the purchase of site, a right of way should have been secured, but it depends on how long ago it was.

Even if he is chancing his arm, these things get expensive quickly if it goes down a legal route.
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Great.... Thanks. I think thats the info I needed....
 
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