3rd party granted access thru' private apt complex - how do i object?

I recently found out that a house backing onto our apt complex had been granted a 'right of way' through the development in order to build a house in their back garden with the only access through our development. The apt complex is a small gated development, is only 2yrs old & isn't finished yet. The issue of access through our development was never highlighted to us or our solicitor at the time of purchase/closing.

I have concerns relating to the issues of insurance, lighting & general maintenance, parking & so on, especially as this 3rd party would not be part of the apt complex's Management Company. The 3rd party would need to access their site from our development to commence building work also.

What are our rights regarding the issue of access? Would issues such as grounds maintenance etc be addressed as part of the planning process?

The first thing I would do is to look up the planning permission for the house if the area you live in has online planning inquiries. This might give you details regarding a decision pertaining to access.

Secondly I would approach a member of the management company or attend a meeting seeking an explanation and the status of the house in the development regarding division of charges etc.

Thanks ontour, I'm waiting for the planning application details to go up online. Think I might have to pay a visit to the planning office though as the detailed plans aren't attached online yet.

The residents association are having a meeting to discuss the proposal, but I want to educate myself beforehand. One of the problems is that the house won't actually be in our development, but that their only access to the house would be though our gates/driveway.

I'm not very happy with the builder over this as if the pp goes through my nice sunny apt will be overshadowed.

WHen you say 'residents association', do you mean 'residents association' or 'management company'? The common area is owned by the management company. You'll need to find out who currently controls the management company. It is not unusual for the original developer to retain control for some time after the initial build.

Hi Rainyday, some of the resident's are fairly active in the complex & have set up a Residents Assoc. (It's in addition to the Management Company). With the AGM for the management company coming up in a few weeks, I am sure there will be other resident's raising this issue with the directors (builder) & the management agent.

If the builder is the same as who built your development and they are still directors of your mgt committee, ( this is very lkely if you are only in your place a short while ) then they wil probably have every right to do this.

Developers retain cotrol of the mgt committee and the associated common areas as long as suits them. If the builder building next door is he same as who built yours this is possibly the case...

They likley own both sites and are in charge of the common areas of yours.

no, the builder/developer of our complex is not the one applying for PP, this is a 3rd party whose garden backs onto our complex. The developer apparently granted this 3rd party a 'right of way' through the development. Yep, the developer is still the director of the mgmt co. & probably will be for another yr at least.

cinders said:

no, the builder/developer of our complex is not the one applying for PP, this is a 3rd party whose garden backs onto our complex. The developer apparently granted this 3rd party a 'right of way' through the development. Yep, the developer is still the director of the mgmt co. & probably will be for another yr at least.

Click to expand...

It may be difficult to find out but did your builder/developer get some benefit for granting the right of way? As director of the management company the director owes a fiduciary duty to the company to act in it's best interest so should really only do this if there is some benefit to doing so for the management company (such as for example a payment of a fee which should be paid to the management company not himself).

I don't think the managing agents would have any role in this matter, so I'd suggest you focus your attention on the Directors for the management company.

It is often the case that the developer will retain rights to grant easements through an estate which can be financially lucrative. Really you need to check the title to ascertain the legal position. Or consult your solicitor.