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.?
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
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.
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.