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propertylawyer
propertylawyer, Solicitor
Category: Law
Satisfied Customers: 285
Experience:  Property Solicitor with expertise in commercial and residential property transactions.
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We have enough land at the back of our present house to

Resolved Question:

We have enough land at the back of our present house to build a new good size house. This will require us to sub-divide the present property. However, the new house will require right of way from the main road as will utilities. We have asked the owner of this access and after several queries, he has today said he does not want to discuss or consider our request for a right of way. What do we do next so that we can build the dream home for my wife, who has Parkinson's.
Submitted: 1 year ago.
Category: Law
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 1 year ago.
The owner hasn't told us why he doesn't want to consider or discuss the subject matter. We've tried arranging a meeting several times and have left notes through their door. Either they were away or were busy with house renovations but well after a month we got a note today to say they did not wish to discuss it.
Expert:  propertylawyer replied 1 year ago.

Hello

Can you explain more about the access you require? Is there no other access available?

Customer: replied 1 year ago.
The plot of land is like the top of a capital T with the rest of our garden and our present house being the stem of the T. At the left-hand side of the plot there is a wall with garages and a lane that runs up to the main road. Whilst the wall is largely collapsed there is a semblance of a barrier between my plot and the garages and lane. There is no other access to this part of the property. I would add that there is a separate title deed for the bit of the plot that is by the wall. In itself, there is no possible vehicular access to that bit of the plot other than through the lane. We wish to build a house on the plot, but cannot do so if the right of way is refused.
Expert:  propertylawyer replied 1 year ago.

Sadly, you cannot force the neighbour to grant access. The only option you have is to negotiate. Maybe the neighbour has a price. It usually comes down to money.

Customer: replied 1 year ago.
Does it make any difference that the land in question has only their lane for access? I attach a file demonstrating the access concerned.
Customer: replied 1 year ago.
This shows the title deeds.
Customer: replied 1 year ago.
I am waiting to hear your response on my last question? Also you mention offering money. We did not assume we were going to get it for nothing but how do we ascertain what is a fair and equitable offer?
Expert:  propertylawyer replied 1 year ago.

Thanks for the plans and extra info.

As to the amount you would have to pay, you are landlocked and you could equate the neighbour's land to a ranson strip. There is no rule of thumb really to determine a fair price to buy access. You are totally in the hands of the neighbour as to what price they will accept, if they will accept anything at all. The fact the land has no other access, and if the neighbour knows this, makes their access route more expensive, a ransom strip.

On some of the back garden developments I have worked on the land which give access always sells for much more than the rest of the plots. I have know developers walk away from potentially good sites because the access was to expensive to acquire eating into the profit margin. I know you are not developing to sell but I am trying to make the point you are very much in your neighbour's hands.

Any further questions or queries.

Customer: replied 1 year ago.
Thank you, ***** ***** very clear. I will see if they will negotiate!
Expert:  propertylawyer replied 1 year ago.

Unfortunately it is the only option.

The site works by you accepting my answer. Please can I ask to to take a moment to do this, thanks. Any questions or queries in future, please do contact me. Good luck.

Customer: replied 1 year ago.
Many thanks and yes, I accept your answer. John
Expert:  propertylawyer replied 1 year ago.

Thanks John. Please can you click accept/rate via the website. Thanks

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