Hello,Is it legal to encroach onto an unadopted road by building a wall on it & reducing the road width?

Question

2 cottages are served by an unadopted, unmade road (cul de sac) at the main road end of this dirt road & to one side of it is a bungalow. New owners of this have started to build a new wall at the side of the bungalow & parallel to the dirt road thus greatly reducing it's width so that 2 vehicles cannot pass. Are their actions illegal & if so what may I do now to prevent them from building it? We cannot find any ref. to the dirt road in deeds etc. but both cottages have used it as access for many years, probably over a 100yrs.

Answer 1

if it is the only access to the second cottage, you may have a case.

I'm not sure if adverse-possession applies to mutliple users, but it seems like 100 years of use should have some standing in court.

Answer 2

They would have needed to get permission to build the wall , as it seems that the road is a shared road for both cottages..find out from your local council, they should put you in touch with the right person, or go see a solicitor who will do all the work for you and find out about the road, If the new owners own the road and it has been used for years by both cottages then, it would be some where in the deeds for them to allow acess, so they wouldn't be able to build a wall

Answer 3

>> We cannot find any ref. to the dirt road in deeds etc. but both cottages have used it as access for many years, probably over a 100yrs. <<

You don't say where this is, but in the US this would be a classical case of a "prescriptive easement." That is, by the owners of the adjoining properties' use of a passage over land for an extended period of time, such owners and their successors would have a continuing right to do so. If they allow the land-owner to obstruct the easement they will lose it. Therefore, the owners of the cottages wish to protect the easement they should immediately seek a legal restraint on the continuing obstruction.

** Note: This is a general discussion of the subject matter of your question and not legal advice. Local laws or your particular situation may change the general rules. For a specific answer to your question you should consult legal counsel with whom you can discuss all the facts of your case. **

Answer 4

Bit of a tricky one? Not entirely sure. It depends on whether the people in the bungalow are going over their boundary. I assume that technically the unadopted road must belong to the cottages as it serves them only, and the council have no interest in it.
Maybe you could try the local council, as the bungalow dwelling idiots could be breaching some sort of law with their wall. Or a good solicitor. Good luck

Answer 5

Legal or illegal, I don't know....
What I do know is that there are more disputes between neighbours over boundary walls and hedges and similar occurrences than anything else - and they can get very, very nasty. People have committed murder over hedges 4 inches over a border and driveways that deviate slightly across an invisible line.

Number one: Have you talked with your neighbours about this and expressed your concerns? This could save you an awful lot of pain in the long run. Perhaps they have researched it and know that they can go ahead. Perhaps they haven't thought about it and need to, in which case you rasieing it with them before the wall gets too high could save them wasted time and money.

OK - you've talked to them, they are just going ahead whatever you say. Assuming it's illegal, what do you wnat to do about it? Does it affect your life so much that you must get them to stop - and probably have rows with them fro the next 10 years, have a miserable time with them not speaking to you, have them park their car so it's just a leetle bit awkward for you to get out OR
do you say, I'm not happy but I can live with this - let it pass.

Of course, if the wall is more than 1 metre high they almost certainly need planning permission, building on their own land or not.

The choice is yours. There are pros and cons to both approaches. Today it's a wall, what might they do to encroach tomorrow? If you allow this then you are forfeiting your rights and it may reduce the value of your property.

It's really tricky when neighbours fall out and can ruin your quality of life for years to come. Think it through and don't rush to law. Keep it friendly if you can and weigh up how you really feel about this.
Good luck.

Answer 6

This sounds to me as though an implied easment has been created through custom and practice.

1.You need to find out who owns that piece of land. If the new people do not own it then it is illegal anyway.

2. you will have to show that the road serves the dominant land.

3. Check to see if there is an existing easment in the deeds to the land. This may well have been registered under the 1925 land Acts.

4. Report it to the council. They may need planning permission to do this.

Talk to a solicitor who specialises in land law.

Good luck.

Answer 7

Having worked in conveyancing previously, and having had personal experience of land laws, I can confirm that MLaw's opinions, although American, very much reflects English law too. Despite the road not being adopted by the council (yet), it would be in your interests to alert the Council to these people's actions -they have no right in law to extend their boundaries without going to a court - and to do that they have to speak with the other residents of the road that would be affected. By the same token you could ask every resident that would be affected to make a written statement of their usage of the road and how long for - to show previous and continued use of the road. This then can be used to support your case against allowing this encroachment.
[Nb - you don't say whether you have piped gas to yours or other properties in the road or not - the lack of this is usually a good indication of non-adoption by the council - if however their is the potential for this to be put in place then the council almost always adopts the road shortly after - check with the council whether there is a potential or future intention for adoption].

Answer 8

Check with the Land Registry who owns the lane. You and the other cottage that have used the lane may need to take out an indemnity to insure your right of access and cover any legal fees. The wall is probably illegal but before you approach your neighbours go and check out with the local council what plans have been passed and the measurements of their land and whether it encroaches on your lane. They don't sound very neighbourly so you could have problems if you don't get your facts straight before you let them know your not going to allow them to pinch the land from the lane. Good luck.

Answer 9

The road is old enough to be considered a legal easment to the other residences on the road. The person putting up the wall is probably in violation of the other people's rights of access.
You should photograph the wall, the road from various angles, and consult a lawyer. Bring the photos as evidence.

Answer 10

Neither party has acquired title to the land by adverse possession and each party has used it continuously for a period exceeding 20 years so that each has an easement by prescription to pass and repass with vehicles. Building a wall which restricts the passage is an unlawful interference with an easement which is a civil wrong and can be restrained by an injunction

Answer 11

you mention its a cul de sac and therefore not accessible to any other properties except the ones in question so it would seem to me the building of the wall would be exempt from objections by anyone, least of all the council and further you suggest the other property has still got access but somewhat reduced. this could only be settled in court but i feel the wall would not be an issue