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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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i have a private road in front of my property adjacent to a

Resolved Question:

i have a private road in front of my property adjacent to a tarmac road. would it be possible and at approx what cost and time to remove this road and keep it in my possession PRIOR to sale of property./ presumably on sale i would have to include some form of covenant on the deeds to ensure new owner always had access to proper road. Being honest the reason for this enquiery is the tarmac road leads to a site with huge development potential and the present owner of said site needs the stretch of road in order to gain proper acces from his site to the main road.There are three properties along this road he has already purchased one and mine is about to go on the market. due to my circumstances i have offered to sell the property to him ( including the road)at below market value to enable a quick sale but he is trying to financially screw me. my alternative is to keep the stretch of private road and put the house on the open marketas it would fetch more than he is offering my only concern is the problems/cost this may entail.. thank you so much
Submitted: 3 years ago.
Category: Law
Expert:  Joshua replied 3 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

May I ask if the road is registered as belonging to anyone please?

Customer:

the road in front of my house is only registered to me.the house between me and the main road is owned and registered by the developer. the road to the right of mine is registered to the elderly house owner

Joshua :

thank you. Is your title to the road registered at the land Registry? if so, is it registered as part of your main property title or as a separate title?

Joshua :

Do you know if the road is subject to rights of way which are legally registered?

Customer:

sorry didn't see you had replied.. will have to check but as far as i am aware it was on the main prop. deeds.. will go downstairs and rummage to make sure

Joshua :

No problem - I'll wait for confirmation before I continue.

Customer:

the plans clearly show the road as part of the estate and it is included in the manin info.title no.nyk269094 ord ref se2 788nw according to the plan the strip of road in front of my house is termed access road and there is a dotted line down the centre of this raod .....don't know what this conveys.do you need more info.. have deeds in front of me but legaleese goggbledigook... sorry should have explained at beggining.. had bad car accident with head injuries and not the fastest car on the track... sorry.

Joshua :

Thanks. Does the red line on the plan that shows the outline of your property end at half the width of the road or the full width of the road?

Customer:

as far as i can make out it doesn't say that any other person has right of way only that i have right of access and that i can't interfere with access to drains etc. this originally was a samll back lane leading to a farm. five bungalows were built down this lane.three at my side of the road and tweo opposite. Some years ago the farm and the two bungalows at the opposite side of the road were bought by the developer. They are rented out at present > he then bought part of the garden of the house opposite so that he could widen the road in order to be able to get vehicles to the old hatchery so that he could use it for light industry

Joshua :

Thanks. Finally if you cast your eye to section C-Charges Register of the title. Does this section specify that the road is subject to any right of way?

Joshua :

Would you like to continue?

Customer:

sorry yes would like to continue.. i was looking at the wrong part of the screen and thought you were just away looking something up..

Customer:

sorry i was looking at the wrong part of the screen and thought you had simply taken time out to look something up. I have found section c.. of charges register and can see no reference to right of way

Customer:

yes would like your opinion please

Customer:

in case i wasn't clear there is a concrete road infront of nuholme and the three bungalows at my side of the road then there is a tarmac road next to it which goes to the converted farm units. this i believe is at present owned in part by the developer, the house opposite and the owners of another farm approx 11/2 miles past the turnoff to the unit. the bungalows at my side of the road are responsible for the upkeep of the concrete part and the people mentioned above have responsiblity for the upkeep of the tarmac road. the developer is trying to get the council to take over the road but in order to do so i be;ieve he has to own the concrete road

Joshua :

Sorry for the delay in reverting to you - I was out on appointments yesterday afternoon and this morning.

Joshua :

it is quite possible for you to sell the property to the individual and retain that part of the roadway which is presently owned by you. Your solicitor can achieve this by providing the buyer with a transfer of part rather than a transfer of whole of the title.

Joshua :

it would not be possible to sell the property in this way without the buyer having knowledge of your proposal - i.e. it would not be possible to sneak through the retention as the above process would require the contract to make plain that you were only transferring part of the title and for a plan to be attached to the contract demonstrating the part of the title that is being sold. however, notwithstanding this point, it is perfectly possible.

Joshua :

this would only be of use on the basis that there are no rights of way over the area of road which based upon what you say, none are registered in the charges register

Joshua :

it would be necessary to grant a right-of-way over the road if you are retaining it for the benefit of the property you are selling to the individual but to ensure that the terms of the right-of-way you grant in this way do not extend to any other property beyond that of the property you are selling so as not to give the individual right-of-way to the development land. Your solicitor can ensure that an appropriate right-of-way is drafted in this respect providing your instructions are clear on this point.

Joshua :

is there anything above I can clarify for you?

Customer:

in case i messup with the computor please woulsd you send the reply to my e-mail address...[email protected] i shall try and get back into this site tomorrow... but not the brightest button in the box

Joshua :

I can ask customer services to email you a copy of the thread

Joshua :

would you like me to do so?

Joshua :

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. This will complete the thread and I can ask cusomer services to email you a copy. You are very welcome to return at any time if you have any further follow-up questions.

Customer:

thank you no.. i think that covers things.. it is obviously a distinct possibility.. all i have to do now is work out how to make a copy of your reply... as you have probably gathered i am a first class technophobe...please would it be possible for you to send a copy of your advice to my e=-mail address in case i make a mess up of transferring it...[email protected]. thank you so much

Joshua :

Certainly. will do. Best wishes

Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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