Re-routing a right of way.
Discussion
Hi,
My daughter and her family live in an end of terrace Victorian cottage and have been there about 15 years. As with most built around that time, there is a right of way along the back between the houses and the gardens.
Being an end of terrace, they have enough space to the side for a driveway. Many years ago, long before they bought it, one of the previous owners built an upstairs extension on brick piers (keeping the right of way underneath, obviously)
The field next door is now being developed (it was always on the cards and they have no issue with this). The developer wants to buy part of their garden and re route the right of way which currently runs under the upstairs extension. He has also set aside a 1m wide path which will run alongside their driveway.
If this was to go ahead, my daughter would be able to brick up underneath the extension and create another room.
The developer has agreed to pay all fees in relation to what is required to move the right of way.
All the owners bar one do not have a problem with this. However, her immediate neighbour will do everything she can to stop this happening.
Can one person actually stop this?
Sorry for the long post (my longest to date, I think!) and i hope it all makes sense.
Edit: forgot to mention. The developer wants to go ahead and do it anyway, but we are not sure if that's a wise move.
My daughter and her family live in an end of terrace Victorian cottage and have been there about 15 years. As with most built around that time, there is a right of way along the back between the houses and the gardens.
Being an end of terrace, they have enough space to the side for a driveway. Many years ago, long before they bought it, one of the previous owners built an upstairs extension on brick piers (keeping the right of way underneath, obviously)
The field next door is now being developed (it was always on the cards and they have no issue with this). The developer wants to buy part of their garden and re route the right of way which currently runs under the upstairs extension. He has also set aside a 1m wide path which will run alongside their driveway.
If this was to go ahead, my daughter would be able to brick up underneath the extension and create another room.
The developer has agreed to pay all fees in relation to what is required to move the right of way.
All the owners bar one do not have a problem with this. However, her immediate neighbour will do everything she can to stop this happening.
Can one person actually stop this?
Sorry for the long post (my longest to date, I think!) and i hope it all makes sense.
Edit: forgot to mention. The developer wants to go ahead and do it anyway, but we are not sure if that's a wise move.
Edited by Grandad Gaz on Tuesday 17th July 17:22
4x4Tyke said:
The final decision will rest with the council, so the developer can apply san that single objector.
The council will look at the wider public public interest and issues such as effective land use and privacy. Given what you've written and the absence of any other other issues there seems little reason it won't granted if most of the residents support it.
Thanks for the reply, I was hoping that would be the case!The council will look at the wider public public interest and issues such as effective land use and privacy. Given what you've written and the absence of any other other issues there seems little reason it won't granted if most of the residents support it.
The final decision will rest with the council highways dept, so the developer can apply sans support from that single objector.
The council will look at the wider public interest and issues such as effective land use and residential privacy. Given what you've written and in the absence of any other real issues there seems little reason it won't granted if most of the residents support it.
Why does the neighbour object, does she not know she is losing a responsibility not a right?
The council will look at the wider public interest and issues such as effective land use and residential privacy. Given what you've written and in the absence of any other real issues there seems little reason it won't granted if most of the residents support it.
Why does the neighbour object, does she not know she is losing a responsibility not a right?
desolate said:
If it's a right of way that is in favour of the property and is in her deeds all things being equal they won't have to give it up if they don't want to.
It's difficult to force someone to sell something that is theirs.
With all due respect, they won't be asked to give it up. Just altering the route slightly.It's difficult to force someone to sell something that is theirs.
Grandad Gaz said:
With all due respect, they won't be asked to give it up. Just altering the route slightly.
They will be asked to give up something they currently have in return for something else.It's unlikely they will have to do it if they don't want to.
Cash money tends to smooth the way.
Forums | Speed, Plod & the Law | Top of Page | What's New | My Stuff