Own a shared access lane & new house built by neighbour...
Discussion
OK We own a lane and next door has access to use it, as it's the only way to get to their house. (Current deeds grant right of way to the their one property)
Next door built another house on their land, and this can be rented out all year via a number of online web sites. They also have a pod on their land, which again is rented out all year round. This obviously increases the wear and tear on the lane.
Next door have now applied for planning permission to be able to sell one of the houses.
Where do I stand legally for this, as the lane already has way more use than was originally intended? As it stands I have to pay for wear and tear on the lane and this has ramped up considerably as you may imagine with the increased use. Currently the extra use is mostly seasonal, but if new owners live there all year round, then the use will increase all year round, obviously.
I haven't even mentioned that the lane is single car width and meeting a car coming the opposite way is a pain in the bum... if a family with 4 cars buys it things will be interesting...
Next door built another house on their land, and this can be rented out all year via a number of online web sites. They also have a pod on their land, which again is rented out all year round. This obviously increases the wear and tear on the lane.
Next door have now applied for planning permission to be able to sell one of the houses.
Where do I stand legally for this, as the lane already has way more use than was originally intended? As it stands I have to pay for wear and tear on the lane and this has ramped up considerably as you may imagine with the increased use. Currently the extra use is mostly seasonal, but if new owners live there all year round, then the use will increase all year round, obviously.
I haven't even mentioned that the lane is single car width and meeting a car coming the opposite way is a pain in the bum... if a family with 4 cars buys it things will be interesting...
Fetchez la vache said:
OK We own a lane and next door has access to use it, as it's the only way to get to their house. (Current deeds grant right of way to the their one property)
Next door built another house on their land, and this can be rented out all year via a number of online web sites. They also have a pod on their land, which again is rented out all year round. This obviously increases the wear and tear on the lane.
Next door have now applied for planning permission to be able to sell one of the houses.
Where do I stand legally for this, as the lane already has way more use than was originally intended? As it stands I have to pay for wear and tear on the lane and this has ramped up considerably as you may imagine with the increased use. Currently the extra use is mostly seasonal, but if new owners live there all year round, then the use will increase all year round, obviously.
I haven't even mentioned that the lane is single car width and meeting a car coming the opposite way is a pain in the bum... if a family with 4 cars buys it things will be interesting...
I would be taking decent paid for legal advice at outset on this one.Next door built another house on their land, and this can be rented out all year via a number of online web sites. They also have a pod on their land, which again is rented out all year round. This obviously increases the wear and tear on the lane.
Next door have now applied for planning permission to be able to sell one of the houses.
Where do I stand legally for this, as the lane already has way more use than was originally intended? As it stands I have to pay for wear and tear on the lane and this has ramped up considerably as you may imagine with the increased use. Currently the extra use is mostly seasonal, but if new owners live there all year round, then the use will increase all year round, obviously.
I haven't even mentioned that the lane is single car width and meeting a car coming the opposite way is a pain in the bum... if a family with 4 cars buys it things will be interesting...
I'm confused.. did you give them consent to cross yr land, when they built the house ? check yr deeds etc.
only because at one of my hse's, a neighbour with a right of way, wanted to cross my road to access his garden to build a house.
I refused him permission to cross my land- or should I say, to grant access for another house/occupants etc to use it/drive upon it.
no issue with him driving on it, (I knew that when I bought the house) but I wasn't enabling other people to use it.
only because at one of my hse's, a neighbour with a right of way, wanted to cross my road to access his garden to build a house.
I refused him permission to cross my land- or should I say, to grant access for another house/occupants etc to use it/drive upon it.
no issue with him driving on it, (I knew that when I bought the house) but I wasn't enabling other people to use it.
As said by others the devil is in the exact wording used to express the grant of the right of way.
If you are going to bring this up then you had best get proper paid for advice on this. I would also say that you are likely to be about to fall out in an epic way with your neighbors. They may be in the right, in which case all you can do is to start asking for contributions towards maintenance of the roadway (which they will be pissy about no doubt) or they will be in the wrong and you are about to ask for one third of the value of their pod and their additional dwelling if they wish to retain access.
If you are going to bring this up then you had best get proper paid for advice on this. I would also say that you are likely to be about to fall out in an epic way with your neighbors. They may be in the right, in which case all you can do is to start asking for contributions towards maintenance of the roadway (which they will be pissy about no doubt) or they will be in the wrong and you are about to ask for one third of the value of their pod and their additional dwelling if they wish to retain access.
MIL's neighbour decided to build a house in the land at the back of their house. Access would be via the drive to neighbours house. Move forward 5 years and neighbour totally regrets building the house. The new house occupants work shifts and have an active socilal life. The drive is like an estate road.
My advice get legal advice, but don't expect it to be easy.
My advice get legal advice, but don't expect it to be easy.
Rude-boy said:
As said by others the devil is in the exact wording used to express the grant of the right of way.
If you are going to bring this up then you had best get proper paid for advice on this. I would also say that you are likely to be about to fall out in an epic way with your neighbors. They may be in the right, in which case all you can do is to start asking for contributions towards maintenance of the roadway (which they will be pissy about no doubt) or they will be in the wrong and you are about to ask for one third of the value of their pod and their additional dwelling if they wish to retain access.
This. If you are going to bring this up then you had best get proper paid for advice on this. I would also say that you are likely to be about to fall out in an epic way with your neighbors. They may be in the right, in which case all you can do is to start asking for contributions towards maintenance of the roadway (which they will be pissy about no doubt) or they will be in the wrong and you are about to ask for one third of the value of their pod and their additional dwelling if they wish to retain access.
We had a similar situation and the outcome hinged on a single word in the land registry details. Summary was that the neighbour had a right of way over our field and was all spooled up to sell their field to horse people, with access over our land. Until our solicitor gently pointed out to them that their “agricultural” right of way precluded them from anything to do with equestrian activity. Yes, we have fallen out in an epic way with these neighbours.
I suspect it all depends on whether they have the ability to subdivide and re-let the right of way.
As the owner of a private road serving other properties, including a house with an otherwise land-locked building plot, I can categorically state that in some circumstances the right of way is to ALL the land. If it is sub-divided, the sub divisions gain the same right of way. However, there is no obligation to maintain/improve the right of way by the servient property.
It will all depend on the actual wording on the deed giving the right of way.
It will all depend on the actual wording on the deed giving the right of way.
As has been said by others, the exact wording of the right of way is important. However, if it's a general right of way `at all times and for all purposes' then it's a question of whether the increased use - known as `intensification' - is reasonable, and within the ambit of what was originally envisaged.
For example, if you have a right of way for your house and want to build another house in the garden that may be considered acceptable, but if you wanted to build 20 houses it wouldn't.
Unfortunately, you may have left it too late. The time to take action was when the neighbour applied for planning permission to build the new house. By not objecting the courts might well say that you had acquiesced in the intensification of use.
For example, if you have a right of way for your house and want to build another house in the garden that may be considered acceptable, but if you wanted to build 20 houses it wouldn't.
Unfortunately, you may have left it too late. The time to take action was when the neighbour applied for planning permission to build the new house. By not objecting the courts might well say that you had acquiesced in the intensification of use.
Durzel said:
Been asked already but why was there no objection along these lines to the original planning permission for the house that has already been built, or indeed the pod?
It's only now that it's ended up on AirBnB or whatever, and is planned to be sold, that there is a problem?
*Many* thanks for the replies everyone. It's obviously complicated (more than I thought by the sounds of it..), so I'll get the deeds once and for all...It's only now that it's ended up on AirBnB or whatever, and is planned to be sold, that there is a problem?
On he subject of "why didn't you object".. strictly the house was built by the previous neighbour rather than the current occupiers. Planning permission for the "new" house was granted at the time on the basis that it was actually a granny flat for a family member (a fabrication as it happens, but we didn't object at the time as we thought that calling the plans out as complete bulls
t wouldn't be on). In the end the previous neighbours splashed so much on the build they actually went bankrupt and split over it. Hence the sale and the new neighbours. Karma if you will...Now the current owners look like they're splitting (we must be such bad neighbours!). One wants to stay, one leave, so why all of a sudden they're looking to split the properties and sell one.
Sounds like a) get the deeds and b) get a solicitor is the plan then...
Fetchez la vache said:
*Many* thanks for the replies everyone. It's obviously complicated (more than I thought by the sounds of it..), so I'll get the deeds once and for all...
On he subject of "why didn't you object".. strictly the house was built by the previous neighbour rather than the current occupiers. Planning permission for the "new" house was granted at the time on the basis that it was actually a granny flat for a family member (a fabrication as it happens, but we didn't object at the time as we thought that calling the plans out as complete bullst wouldn't be on). In the end the previous neighbours splashed so much on the build they actually went bankrupt and split over it. Hence the sale and the new neighbours. Karma if you will...
Now the current owners look like they're splitting (we must be such bad neighbours!). One wants to stay, one leave, so why all of a sudden they're looking to split the properties and sell one.
Sounds like a) get the deeds and b) get a solicitor is the plan then...
Check with the planning approval and any related conditions, there is likely to be a restriction on the 'new' house that means it can't be sold separately. On he subject of "why didn't you object".. strictly the house was built by the previous neighbour rather than the current occupiers. Planning permission for the "new" house was granted at the time on the basis that it was actually a granny flat for a family member (a fabrication as it happens, but we didn't object at the time as we thought that calling the plans out as complete bulls
t wouldn't be on). In the end the previous neighbours splashed so much on the build they actually went bankrupt and split over it. Hence the sale and the new neighbours. Karma if you will...Now the current owners look like they're splitting (we must be such bad neighbours!). One wants to stay, one leave, so why all of a sudden they're looking to split the properties and sell one.
Sounds like a) get the deeds and b) get a solicitor is the plan then...
On the issue of the right of way, as said by others, you’ll need advice from a good solicitor. (Note: by ‘good’ in this case I mean an experienced property litigator or a barrister who will give an actual opinion - many Solicitors will just read the deeds back to you, which will not help). This will cost and you’ll need to have a think about whether it’s worth it.
Assuming the whole of your neighbour’s land had the benefit of the right of way, whether the new house built on the land can also benefit from it will probably depend on the common law concept of ‘excessive user’ and the exact circumstances and wording of the right of way will need to be assessed to attempt to ascertain whether the original intention when the right of way was granted would be for it benefit more than one dwelling if the benefitting land was later developed. There’s no answer to this without looking at the deeds and, even then, your lawyer can usually only make an educated guess as to what would happen if it went to court.
Regarding maintenance costs the position is likely to be clearer. It’s common for parties with a right of way over someone else’s land to be obliged to pay a reasonable proportion (according to use) of maintenance cost of the roadway and for continued use of the right of way to be conditional on paying up. So if the right of way was well drafted in the first place, you should have a good chance of getting the extra maintenance costs back. This should be an easier issue for a decent lawyer to give you a definite answer on. If you’re unlucky the relevant deed will only provide for a fixed percentage cost split with you picking up the largest percentage.
Good luck with it.
Assuming the whole of your neighbour’s land had the benefit of the right of way, whether the new house built on the land can also benefit from it will probably depend on the common law concept of ‘excessive user’ and the exact circumstances and wording of the right of way will need to be assessed to attempt to ascertain whether the original intention when the right of way was granted would be for it benefit more than one dwelling if the benefitting land was later developed. There’s no answer to this without looking at the deeds and, even then, your lawyer can usually only make an educated guess as to what would happen if it went to court.
Regarding maintenance costs the position is likely to be clearer. It’s common for parties with a right of way over someone else’s land to be obliged to pay a reasonable proportion (according to use) of maintenance cost of the roadway and for continued use of the right of way to be conditional on paying up. So if the right of way was well drafted in the first place, you should have a good chance of getting the extra maintenance costs back. This should be an easier issue for a decent lawyer to give you a definite answer on. If you’re unlucky the relevant deed will only provide for a fixed percentage cost split with you picking up the largest percentage.
Good luck with it.
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff