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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
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Experience:  Solicitor with over 15 years experience.
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We use an access road...

Resolved Question:

we use a 200 metre access road to our property. We have access for "all and every purpose". The road on our title plan shows this road as coloured yellow i.e. the road is one continuous road. There are 3 houses at the end of the road which is owned by the 4th house, access to which is half way up the access road. The road condition to the first house (road owner) is quite good but after this point the road is, in part, like a muddy track. We have offered to surface the second bit of road which the owner has declined saying it is a farm track (even though the title deeds call the whole road a "road"). The road owner has also declined to do anything about the road condition on this second half of the road. Where do we stand about "forcing" the road owner to ensure the WHOLE road is in a reasonable condition i.e. the second bit is brought up to the same standard as the first bit?
Submitted: 11 months ago.
Category: Law
Expert:  LondonlawyerJ replied 11 months ago.
Hello, I am a solicitor with 20 years experience. I will try to answer this for you. Can you just tell me is there any more description of the right of way in the deeds or in any of the conveyancing documents. ie what is the wording of your easement I assume this is registered land. Also are you able to gain access over the part of the track in poor repair with all forms of transport.
Customer: replied 11 months ago.
Deeds say: "EXCEPT AND RESERVED unto the Vendor and his successors in title owner and occupiers for the time being of the adjoining land being part of No 4066 on the Ordnance Survey Map 1954 Revision (part of No 331 on the ..... Revision) a right of way at all times and for all purposes over the entrance drive as existing on the said land coloured yellow on the
said plan"The "roadway" in our title plan extends from public highway to our house and is shown on the title plan as a continuous yellow road. The first half is in fairly good repair with a stone/tarmac surface which goes to the road owners house half way up but the remainder is a mix of mud, stone and little bits of an old roadway that looks as though it was a hard surface of some sort. The owner's wife says the bit after their house is a farm track (not stated in deeds etc). Our car gets muddy and there are several quite deep potholes. I am responsible for 1/4 the cost of "maintaining" the roadway after the road owner has effected any maintenance/repairs.This all registered land
Expert:  LondonlawyerJ replied 11 months ago.
Thanks fro that. I will answer you this evening as I am busy all day today.
Expert:  LondonlawyerJ replied 11 months ago.
The phrase "all times and for all purposes" usually has a rider to the effect of for all reasonable purposes connected to the use and enjoyment of the dominant land. Is this the case here? This is not a straight froward situation. You have told me the right of way is described as an "entrance drive" but you refer to it as a "roadway" and the neighbour as a "farm track". I will assume entrance drive is the right phrase. These words do not contain any imlictain that there must be a tarmac surface. Just that you must be ebale to treavel across it by foot anf vehivlcle with ease. Whether you can do anything will depend on the extent of the interference with your right of way. The question is really whether you are substantially inconvenienced or restricted in your use of drive by the state of disrepair. The nature of the property will also be relevant. If this is a rural area and it is common for properties in that area to have quite rough acces roads then this may be a relevant factor. If you can access your property without damage to your vehicle or substantial inconvenience I fear that there is probably little you can do.
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