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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We live on a Private Drive. There are 8 houses that front

Resolved Question:

We live on a Private Drive. There are 8 houses that front this lane and pay for the upkeep of it. New people have moved into the house on the corner, which fronts the public road. They are trying to make an access onto the Private drive from the side of their property that runs nexto the Private drive. Do they have the right to do so when there has never been any access to the Private drive before?
Submitted: 3 years ago.
Category: Property Law
Expert:  Ash replied 3 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Does this house on the corner contribute towards the upkeep of the private road?

Alex Watts :

Who owns the road, do you each own it jointly, the 8 houses please?

Customer:

The house on the corner has never contributed to the upkeep of the lane as it has never had acces onto it. The previous owners did try to make an access but stopped when approached by one of the property owners in the private lane.

Customer:

We do not know who owns the Lane as it is not registered with the land registry. Our deeds do give us the right of way to use the lane to ge to the public road subject to fair and proper payment of the expense or repair etc

Alex Watts :

Ok - someone must own it

Alex Watts :

You need to find out who owns it as they can stop the neighbour from making any access to it

Customer:

How do we find out who does?

Alex Watts :

Otherwise sadly as neighbours there is nothing you can do

Alex Watts :

You do not own it

Alex Watts :

Hold on

Alex Watts :

I would suggest contacting your original Solicitor that dealt with the purchase in the first instance to see if they know

Alex Watts :

They I presume would have done various searches etc

Alex Watts :

You can also contact the Council - they may have a register of any land charges

Alex Watts :

But only the owner sadly can take action

Alex Watts :

For more details please see:

Alex Watts :

http://www.landregistry.gov.uk/public/faqs/is-all-land-registered

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

If they suceed in making this access how can we geth them to pay towards the lane upkeep?

Alex Watts :

Again sadly only the owner can

Alex Watts :

This would be a contract between the owner and them, not the other users

Alex Watts :

Who do you pay for the upkeep?

Alex Watts :

I would suggest contacting that person as they must know who owns it

Alex Watts :

After all someone must.

Alex Watts :

I am sorry if this is not necessarily the answer you want and certainly not the one I want to give you, but I have a duty to be honest

Alex Watts :

Can I clarify anything else for you?

Customer:

We all meet up and agree together. We get quotes and discuss together what needs to be done.

Alex Watts :

Ok I see.

Alex Watts :

Sadly you need to find out who the owner is - go back to your old Solicitors or ask the Land Registry for a search.

Alex Watts :

Or contact the Council about land charges.

Alex Watts :

That should tell you who the owner is

Alex Watts :

Does that clarify for you?

Customer:

The council has written to me and said that they do not hold records on road ownership and that their understanding of it is that a private road is one that is owned and maintained by the property owners for their use.

Alex Watts :

Yes but just see if they hold a land charge.

Alex Watts :

That is different

Alex Watts :

Does that help?

Customer:

Thanks Alex. It seems we have a bit of work ahead of us.





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