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Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10458
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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Private Drive Ownership

Resolved Question:

Private Drive Ownership
Submitted: 3 years ago.
Category: Property Law
Expert:  Aston Lawyer replied 3 years ago.
Hello and thanks for using Just Answer.

I am Al and am happy to assist you with your enquiry.

Could you please clarify what this resident is trying to do, as I'm not clear what "allows them to change access to their property" means?

Thanks
AL
Customer: replied 3 years ago.

Al - no problem, i ran out of characters.!


They currently access their property at the front, which does not use the private drive. What the new owners plan to do, is knock down a fence on the private drive and relocate a garage and then access from the side/rear which is the drive.


They have not paid a proportionate cost to use the drive 'over and along' and the current and previous owners had only ever paid the equivalent of pedestrian access which they agreed with the trust.


I have assumed if they pay the proportionate cost they would be allowed access to the drive, but, this further development of a relocated garage means extra traffic for the drive and in one residents case both their and the new drive will face each other. It is a single track road and hence the sensitivity re parking and traffic.


Does this help.?


 


 

Expert:  Aston Lawyer replied 3 years ago.

Hi Neville, Thanks, XXXXX XXXXX now. It all comes down to what it says in the Deeds of this property. Do you know if the owners Deeds just say they have a "right of way for all purposes" or are the words "subject to paying a fair contribution towards the maintenance costs" (or words to that effect) mentioned AL

Customer: replied 3 years ago.

It says - "a right of way at all times for all purposes over and along the roadway known as ferry green leading to hall lane wilington aforesaid on payment by the transferee of a proportionate part of the cost of maintaining and repairing such roadway such proportion to be based on user and on the basis to be decided by the transferor's surveyor in case of dispute"


 


I read that as he can go up and down the road, based on a contribution - but can this be interpreted as he can knock down a fence, lay a driveway and relocate a garage or is that a separate set of planning etc.? Please advise if I am wrong or right or your view.

Expert:  Aston Lawyer replied 3 years ago.

The Deeds give the owners of the property in question a right of way over Ferry Green PROVIDED they contribute towards the upkeep, such sum to be decided by the Trust's Surveyor, if so required.

If the fence/proposed garage in question is within the boundaries of the property, then this is a totally different issue and is irrelevant to the right of way issue. Therefore, if the owner gets planning permission for the garage, then there is nothing you could do to object, provided he pays his due contribution.

Does this assist?

Kind Regards
AL
Customer: replied 3 years ago.

AL thank you - last clarification please.


 


If previous owners only paid for the equivalent of pedestrian access, on the up keep costs, to the Trust, do the new owners automatically receive that status or if they pay the equivalent of other users do they then have the rights as per the land registry.


 


 


 

Expert:  Aston Lawyer replied 3 years ago.

Hi, it is an ongoing right, so provided the new owners pay what is due, then the right exists for them to use the drive.

Kind Regards
AL
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