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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10525
Experience:  Barrister 17 years experience
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Our property has access from an unadopted byway that has

Resolved Question:

Hi,
Our property has access from an unadopted byway that has fallen into disrepair. There are a total of 10 properties that have access from the byway, plus access to a Park Home with some 50+ static caravan homes. The owner of the Park Homes site is organising the repair of the byway and has a quote for ~£11,000 inc VAT, for which he has requested contributions from all properties, not including static caravans on his site, that have access via the byway and has suggested that £800 per property is appropriate. This seems excessive given the number of properties on the Park Homes that also have access. Therefore, I would have thought the charges fro repair should be divided by the total number of properties, including Park Homes ie. ~60.
Since the majority of the 10 properties have objected to the sum of £800 the relationship with the owner of the Park Homes has deteriorated. He has now threatened to install a gate at the end of the byway with access by swipecard. The swipecard access is to be denied to residents that have objected to the £800 contribution. He has also threatened an injunction that will be placed on the properties when they come on the market for sale.
My question is, would either of these threats be upheld by a court, or is this a "strong arm tactic" to persuade residents to contribute excessively to the repairs. The residents are currently seeking a meeting with the constituency MP as well as Citizens Advice.
Thank you for any assistance that you can give.
***** *****
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.

1. Dear *****, the first thing is that a court will not grant an injunction preventing sale of any of the 10 houses or properties merely because they have not contributed to repairs to the byeway. This simply won't happen. The owner of the Park Homes can sue the individual properties for a rateable contribution to the repairs. However, he will not be ever allowed to prevent or interfere with a sale of an individual property.

Expert:  Buachaill replied 1 year ago.

2. Secondly, unless the owner of Park Homes actually owns the byeway and the individual properties have no easement over the byeway, he cannot erect a gate or impede the right of way. This is because this owner of Park Homes has no right to in law, as he is not the owner of the byeway. It is only the owner who would have a right to interfere in this way.

Expert:  Buachaill replied 1 year ago.

3. What the owner of Park Homes can do is to carry out the repairs and seek a rateable contribution in the form of a debt from the individual owners of the properties. Accordingly, I would suggest you indicate to the owner of Park Homes that the issue of how much should be paid is established by mediation. all parties can mediate and seek a peaceful resolution of the dispute.

Expert:  Buachaill replied 1 year ago.

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