How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask tdlawyer Your Own Question

tdlawyer
tdlawyer, Lawyer
Category: Property Law
Satisfied Customers: 1096
Experience:  Lawyer with 9 years experience of advising on property issues.
73598664
Type Your Property Law Question Here...
tdlawyer is online now

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
tdlawyer, Lawyer
Category: Property Law
Satisfied Customers: 1096
Experience: Lawyer with 9 years experience of advising on property issues.
tdlawyer and 3 other Property Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Remus2004

    Remus2004

    Barrister

    Satisfied Customers:

    2438
    Over 5 years in practice.
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Remus2004's Avatar

    Remus2004

    Barrister

    Satisfied Customers:

    2438
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    445
    UK solicitor holding an England and Wales practising Certificate.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    42
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law.
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    4708
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/AS/Aston Lawyer/2013-10-8_19517_JAPROFILEPICTURE.64x64.jpg Aston Lawyer's Avatar

    Aston Lawyer

    Solicitor

    Satisfied Customers:

    1869
    LLB(HONS) 20 years of experience in dealing with Conveyancing and Property Law
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    828
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Solicitor

    Satisfied Customers:

    286
    I have been a solicitor in High Street Practise since 1985 with a wide general experience.