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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I own one of 24 properties within our road (Road A). Road A

Resolved Question:

I own one of 24 properties within our road (Road A). Road A is a newly built, private road which is only accessible via access through another private road (Road B). All residents of Road A have legal access rights through Road B.

Recently, residents of Road B have installed severe speed humps in their road, but did not consult Road A residents or anyone else to our knowledge. Reason for installation is that Road B insurance states that speed must bot excess 5mph (this is almost bordering impossible in a vehicle without stalling).

QUESTIONS
1. Do residents of Road A not have any rights to be consulted on the installation of speed humps prior, given the rights of passage?

2. Does the police / ambulance / fire services need to informed given it's a private road?

3. Can residents of road A object to their installation / prevent them being installed? Humps are exceptionally high and would cause damage to lowered sports cars

Kind regards

Terry.
Submitted: 3 years ago.
Category: Property Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Is there anything regarding the right that says they should be consulted please?
Customer: I do not know. There the lots of covenants in the sale contract but aside from it saying we have access rights to Road B, I don't know if there are any consultation rights over any changes to it. What us the normal practise?
Alex Watts : Thank you.
Alex Watts : 1) No you do not have a right to be consulted. There is no legal requirement in a private road that says you should be consulted for speed bumps
Alex Watts : 2) No - on a private road people can do what they want. It does not come under the highway act
Alex Watts : 3) No, not unless you have a right under the access right.
Alex Watts : It is private land, the owner (s) can do what they want.
Alex Watts : I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.
Alex Watts : Can I clarify anything for you about this today please?
Alex Watts :

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Alex Watts :

Can I clarify anything for you about this today please?

Customer: No. Question answered. Thank you.
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