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Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10233
Experience:  LLB(HONS) 20 years of experience in dealing with Conveyancing and Property Law
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I live on a private unadopted road along with two other properties.

Resolved Question:

I live on a private unadopted road along with two other properties. 62 Houses are being built nearby and the developer is saying the electric and gas services are being taken from our Lane. We have said, in writing, that owners of all three properties have to give consent in writing for this to happen. One resident has agreed and is awaiting a settlement figure. The rest of us do not want this to happen. How do we stand? Our neighbour seems to think that as long as the developers use the lane in front of his property, is is ok. We would need an answer on paper I think.?
Submitted: 2 years ago.
Category: Property Law
Expert:  Aston Lawyer replied 2 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 who actually owns the road? Do all 3 of you own in your personal names?

Thanks
AL
Customer: replied 2 years ago.
When we bought the property 4 year s ago, our solicitor could find no details of ownership. The. Road has been used solely by the three properties for 50 years plus and we have jointly maintained it. Recently when an ajdjacent farm needed their gas supply updating, we, all three properties, had to sign a letter from the gas company giving permission for them to dig up the road.
Expert:  Aston Lawyer replied 2 years ago.

Hi,

Thanks for your reply.

If a third party wishes to access someone's private land to lay services, they must get that owner's consent. Upon receiving consent, a Deed of Grant needs to be entered into, documenting the fact that consent has been given by the owner for the laying of the services.

As none of you legally own the Lane, you have no authority or power to enter into any such Deed. Likewise, without locating the true owner (which I appreciate will never happen), the Developer has no right whatsoever to enter onto the Lane to lay the services.

It would make sense for the Developer, to obtain all 3 parties consent before he carries out the work, as you 3 are only going to be the ones who are likely to object to the work being carried out.

You are, however, in a strange position, in that the Developer has no legal right to lay the services but you are not in a legal position to object as you do not own the Lane!

I am sorry this is perhaps not the answer you were hoping for, but it sets out the legal position.

Kind Regards
AL
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10233
Experience: LLB(HONS) 20 years of experience in dealing with Conveyancing and Property Law
Aston Lawyer and other Property Law Specialists are ready to help you
Customer: replied 2 years ago.
Can you email this reply to me please. What I didn't say is that the lane is not a through road and is for the use of three properties, farm field access and a public footpath runs along one side.
Expert:  Aston Lawyer replied 2 years ago.

Hi again,

Thanks for your reply.

I am afraid my Answer remains the same even though the Lane is not a through road.

I am sorry but I am unable to send you a separate email. Hopefully you could copy and paste my answer if required.

Kind Regards
AL
Customer: replied 2 years ago.
If the builders come along our lane with diggers etc. any suggestions about what we can legally do . Thank you.

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