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tdlawyer
tdlawyer, Lawyer
Category: Property Law
Satisfied Customers: 1096
Experience:  Lawyer with 9 years experience of advising on property issues.
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I live in a private road owned by the residents. On purchase

Customer Question

I live in a private road owned by the residents. On purchase of the road a deed of grant was signed with the governors of the school that is at the bottom of the road to the effect that pedestrian access only was allowed. The school now say that this deed of grant has no
Egalitarian standing. Is this true?
Submitted: 3 years ago.
Category: Property Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hello, welcome to the website. My name isXXXXX can assist you with this.

tdlawyer :

What is the school actually saying?

Customer: They are saying that the deed of grant has no legal standing. I think that is meant to mean that they don't have any obligation to apply it.
tdlawyer :

I see - well, it's rare a deed itself has no "legal standing". But, if they mean that they don't have to follow it, because of its terms (the way it's written), then this will depend on exactly what is said in the deed.

tdlawyer :

Why do they say specifically rhey dont have to apply it?

Customer: Don't know. I suspect it may be an inconvenience for them. The major problem is parents traversing the road by vehicle - the deed specifically states pedestrian access only - and I suspect the school don't want to have to tell parents. The school are simply not prepared to tell parents that this deed exists and that they should not use our road.
tdlawyer :

I see. Well, it always comes down to what the deed says specifically, but if it gives permission for pedestrian use only, then that is all that can be used. If the school permits (or does nothing to discourage) vehicular access then potentially it exposes itself to an action either under the terms of the deed, or under the laws of nuisance.

tdlawyer :

Always, it comes down to the terms of the deed though, so it's difficult for me to specifically say what they can and can't do obviously.

tdlawyer :

Is there anything more you would like me to answer about this?

Customer: .....assigns for the benefit of the dominant property the right to pass and repass over that part of the servient property hatched black on the plan on foot at all times and with vehicles only for the following purposes
tdlawyer :

So it seems to allow both pedestrian and vehicular access.

Customer: Following on from last post........emergency vehicles without notice; deliveries which cannot otherwise use public road provided 3 days prior written notice; no more than 6 deliveries in a calendar year; delivery and collection shall at no time be interpreted to include delivery and collection of people by any means whatsoever
tdlawyer :

AH .... so it seems that vehicular access is very much restricted, and it doesn't look like it allows such access on a regular basis, e.g. to take kids to school!

Customer: Correct, so what do we do? The school is basically saying they can't do much to help. I think much of their info comes from their consulting surrey highways dept. also suspect that they are trying to intimidate us into going away.
tdlawyer :

So you want to prevent the vehicles going down?

tdlawyer :

Then I think you could have a solicitor write to the school and ask them to abate the nuisance that they are effectively causing by inticing traffic along the road to drop-off at the school.

tdlawyer :

If that fails, then it's possible to construct arguments that the school causes a nusiance, although the better pragmatic approach would potentially be to install a gate or some form of access restriction at the top of the road, if at all possible, and if there is nothing in the deed that prevents that. It's cheaper than going to court, and more effective!

tdlawyer :

You could of course take action against each vehicle driver, on the basis of trespass, but again, that's not ideal for obvious reasons.

Customer: Thanks
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