Does my neighbour have legal rights to concrete their land even though I have right of access?

Question

I live on a lane, it is not owned by anyone and the neighbours all contribute money to maintain the upkeep. One of the neighbours has recently decided to concrete a small triangle of land which has a small drop on it to filter water from the lane to a drain which is situated in their garden as before the water used to muddy their garden. They own this piece of land as it is on their deeds but I have access over this land to drive my car into my garage and have to drive up the small drop. Is it legal for them to do this and do they need planning permission.

Answer 1

Private Rights of Way are a form of easement enjoyed by one owner of land over land in the ownership of another. Problems often occur when someone blocks or restricts a right of way, or where one of the parties wishes to change the route of the right of way, or when the properties affected are transferred. Disputes over the maintenance of the right of way are also common.

The general rule, in situations such as yours is that where a right of way has been granted over a road that was not contingent on the road being made up to adoption standard, the person to whom the right of way has been granted also has an ancillary right to construct the road to adoption standard (Nationwide Building Society v James Beachamp (a firm), 2 March, 2001).

It seems to me that your neighbour is well within her rights - subject to the right of way being inimpeded.

Answer 2

As long as the concreting doesn't impede your access (I take it you have a formal right to vehicular access) they can do what they want. As long, that is, as the council are happy it won't interfere with drainage in general, i.e cause a property to flood.

Have you talked to them about it? I'm sure you're not going to fall out unnecessarily.

Answer 3

That is...complex.

Anything that impedes waterflow across a property can be illegal. What you might want to do (if after consulting with the local council/a propery law expert), is ask if they could move the "drop" back far enough so that you won't have to drive across it.

If it is in your deed that you have right of access across part of your neighbour's land, then as far as I know, they can not do anything that could impede or prevent your use of that narrow right-of-way. If the right of access is not on paper, you're SOL, and my have to re-route your driveway.

Answer 4

If their action is to protect their property from erosion and the resulting calamity, they are likely within their rights. If it is a problem, contact an attorney. Still, there must be some sort of compromise that works best for everyone. Step back and assess the situation.

Answer 5

Technically they should have planning permission atleast from the landlord or whoever BUT it is not illegal for them to do this in your "section" IF they got permission. But if they didn't yes it would be.

Answer 6

It sounds like you have an easement. That would be listed on the deed that they own and does give you some rights. They cannot block your access or your easement.

I would think that they need a permit to do what you describe. In order to get the permit, they should have to disclose the easement. In any event, you should speak with your local zoning or planning department to make sure your interests are being protected.

Answer 7

What does and does not require a permit depends on the jurisdiction that oversees such things.

Answer 8

if you have right of acces, the land has to be accessable ,, if the drop makes it unaccesable, they have indeed broken the law, they should have advised the work was to becarried out before they comandeared workmen to it too.

Answer 9

Yes they do but it may have to be approved by city building dept

Answer 10

no they dont if it improves the road way