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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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My mother-in-law lives in a house on a private lane. She

Customer Question

My mother-in-law lives in a house on a private lane.

She and 7 other properties have access written into their deeds for which they have to pay for ongoing maintenance.

A chap who owns a piece of land that fronts onto the lane, but has no access, has created access by knocking down the hedge and bank and he has created a car park.

He has been told by the local planners to apply for retrospective planning as he didn't get it before he started.

His submission includes claiming access rights onto the private lane - this lane has no traceable owners.

He has already tried to claim prescriptive rights - which he can't have as he has never used the lane before.

My mother-in-law wonders if a letter to the chap in question stating their opposition to him using the lane, sent via recorded delivery would be a good idea to register their position on this.

Many thanks,

XXXXX XXXXX
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hello Dan, thanks for your question.

tdlawyer :

My name is Tony and I can help with this.

tdlawyer :

As I understand your question, your mother-in-law only have access rights, and does not own the lane, is this correct?

tdlawyer :

Hello.

JACUSTOMER-irgf970q- :

Yes that's right - as I said it is written into her deeds that she has them.

tdlawyer :

Okay. Then her writing will have an effect on the planning application only. It is unlikely to have any effect on the legal position for him using the right of way. This issue can be addressed only by the person that actually granted the right of way to start with.

tdlawyer :

If she wants to prevent him using the right of way, she needs to speak with the owner of the land. You say to me in the question that he is untraceable, but is there not details of who he is/where he is in the deed of grant?

JACUSTOMER-irgf970q- :

Not to my knowledge, there is only reference to the lawyers who drew the deeds up it the late 19th century.

JACUSTOMER-irgf970q- :

If his deeds do not show access rights granted by the lanes owners (whoever they are), and as he has 'created' an access that was not previously there, is it not the case that he will need to trace the owners of the lane and gain legal access.

tdlawyer :

There should be the owners name, as only he can grant the rights.

tdlawyer :

The solicitors would have done the legal work on behalf of their client, who is the owner granting the rights.

tdlawyer :

Yes, it is the case that he will need to trace the owners and obtain their consent for access.

JACUSTOMER-irgf970q- :

Thank you. So just to be clear, my mother-in-law will need to trace the owners and ask them to deny him access. But he will have to trace the owners and ask for access to be granted before he can use the lane? If he has no access granted by the owners or cannot trace the owners he cannot use the lane and so his planning application is null and void?

tdlawyer :

Yes, that's right. Planning is nothing to do with access rights, but it's true that without permission to use the lane, there is no point in having the planning as he has no access to his property.

JACUSTOMER-irgf970q- :

So my mother-in-law can ask that the planning be rejected on the grounds of lack of legal access?

tdlawyer :

She can make that argument yes, as there is no point in havving planning if there is no access. The better way to put it through would be that if planning is granted, this will intice him to break the law and interfere with other owners' legal rights by seeking to trespass on private land.

tdlawyer :

That way - you're saying to the planning that if they grant it, they are encouring somebody to break the law.

JACUSTOMER-irgf970q- :

That's great thank you so much. I will pass this on to my mother-in-law.

tdlawyer :

Thank you. Is there anything else you would like me to address for you?

tdlawyer :

If this answers your question, would you rate the answer for me please before leaving the chat.

tdlawyer :

Is this okay, is there anything else I can assist you with?

JACUSTOMER-irgf970q- :

Nothing at present - thank you.

tdlawyer :

Thanks. Goodbye. Please remember to rate the answer for me.

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