Where I park is a cul-de-sac on an unmade track, designated by the County Council as a Private Street. A developer intendsto open up the cul-de-sac and use the track in front of my house as access for cars to a new property. Also, in my deeds there is a conveyance which gives me the right to access the track to my property but no others. In addition this conveyance states that only the owners/residents of the 12 terraced properties on one of the track can grant access to others to their properties. The developer argues that because the County Council has designated this private street a 'highway', he has full rights to use it as access to his yet to built new property. Where do I stand legally?
2007-03-06 22:01:08 · 9 answers · asked by tom.hussey5@btinternet.com 1 in Politics & Government ➔ Law & Ethics
You need to have a quick 'chat' with a conveyancing solicitor. They will set you straight immediately
2007-03-06 22:04:58 · answer #1 · answered by Leah 4 · 2⤊ 0⤋
It is now well established that there are two prerequisites of a building scheme of this nature, namely (1) the identification of the land to which the scheme relates, and (2) an acceptance by each purchaser of part of the lands from the common vendor (developer) that the benefit of the covenants into which he has entered will enure to the vendor and to others deriving title from him and that he correspondingly will enjoy the benefit of covenants entered into by other purchasers of part of the land. Reciprocity of obligations between purchasers of different plots is essential.
Essentailly, this means that the vendor has the right to build on the private street, as long as it is essentailly in the same form as it is now. I would think that he will have derived the right to do so from the land he has bought.
The difficulty, so far as i can ascertain from the question, is that the original conveyance probably contained a covenant such that, you have access to the track in front of your house, but unless it is a restrictive covenant, you will not have the right to prevent others from using it, if they buy the freehold from the vendor, because they too will probably have a right of access..
This of course, is no more than guesswork. Every deed is different. The first thing you have to do is to read your deeds carefully to see whether they allow you to do something, or whether you have the right to prevent another from doing something else. Secondly, you should request copies of the deeds to the land that the vendor has bought (under the freedom of information act from the land registry) to see exactly what rights the vendor has. Without this information it will be rather like a game of poker.
One you have that information you might have to bargain with the vendor, or it could end up in protracted legal proceedings which will be expensive. The more information you have the greater your barganing power.
2007-03-06 23:11:06 · answer #2 · answered by stephen.oneill 4 · 2⤊ 0⤋
Firstly no one has a right to park on the highway, the only legal right a member of the public has is to travel along the highway. Parking on it has become an accepted practice providing a real obstruction is not caused, ie preventing other people from being able to travel along it, parking in visibility splays, parking in a turning area could all be considered an obstruction. The highway authority does have the power to adopt a private street and hence make it a public highway however even if they decided to do this at no cost to the adjacent property owners they would still have to publicise their intention and give opportunity for people to object to the proposal. It may be that the developer is unaware of the restrictions of use for this private street, in seeking/gaining planning permission which is how I assume you found out about this proposal it does not give him the absolute legal right to carry out his intentions, ie if they agreed I could be granted planning permission to build a house in your back yard but it doesnt mean I have the right to do so. If you havent done so already just write to him advising them of your opinion about rights of access and see what the response is.
2007-03-09 07:23:42 · answer #3 · answered by grahamralph2000 4 · 1⤊ 0⤋
Has the council re-designated the street as public? If so, they cannot do it without giving full regard to the terms of the deed granting rights to each owner.
If the council have, indeed, re-designated and you can determine loss has occurred, yu can sue for the loss. However, the likely proceeds may not make it worthwhile. I would have thought half an hour with a lawyer would help you determine whether it is worth pursuing. You do seem to have informed yourself as to the facts of the case. I think all you need now is a little legal guidance and second opinion. You can probably get a decent solicitor to give you half an hour free. What do you have to lose?
2007-03-06 22:28:17 · answer #4 · answered by skip 6 · 2⤊ 1⤋
Your best bet would be to contact a local conveyor. They would be able to tell you where your property begins and ends.
If you and other residence 'own' this access land you can stop the developer developing on the site because you own it. If it belongs to the whole street, you can sell of individual strips to the developer.
If you can not afford a conveyor, contact the CAB, they will be able to act on your behalf.
Good luck. I think most property developers are scum building cheap houses which are unsightly and pathetic, then charge you the earth for it!
2007-03-06 22:19:41 · answer #5 · answered by natasha * 4 · 1⤊ 0⤋
County Council.
2007-03-06 22:14:00 · answer #6 · answered by holly 7 · 2⤊ 0⤋
Sounds like bully boy tactics..You, and maybe the other owner/residents could form a committee and get professional help. ( thinking cost here ) If you leave him to do as he likes then take action he will argue that he's been using the track for several weeks/months and should continue to do so..Good Luck
2007-03-06 23:02:37 · answer #7 · answered by David 4 · 2⤊ 0⤋
rubbish he cant do anything with out getting permission from the highways authority to create a new access ....as long as he gets that then yes......I suggest that you apply to the highway authority first and create your own access to your property.....that will stop him doing anything...
2007-03-06 23:33:57 · answer #8 · answered by Fox Hunter 4 · 0⤊ 1⤋
hi,
as far as i know, as long as you pay your road tax / insurance, you have the legal right to park where you like, except places like Double yellow lines etc.
if i was you, i would make a Visit to the C.A.B office
2007-03-06 22:10:29 · answer #9 · answered by JOHN F 3 · 1⤊ 1⤋