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Aston Lawyer
Aston Lawyer, Property Solicitor
Category: UK Property Law
Satisfied Customers: 10176
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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We live on a private road with 6 other residents, a resident

Customer Question

We live on a private road with 6 other residents, a resident bought a piece of land some 20 years ago and then moved away. A couple of months ago he got planning permission for 2 houses to be built n this bit of land that fronts our private lane. The lane is privately maintained by the residents, others have access down the lane on goo as there is a footpath, the residents have the right to refuse parking to anyone other than residents. My question is what access rights would the owner of the land have if he is not a resident
Submitted: 1 year ago.
Category: UK Property Law
Expert:  Aston Lawyer replied 1 year ago.

Hi,

Thanks for your enquiry.

A right of way (ROW) "attaches" to land rather than an individual. So, if the Deeds to the land on which the 2 houses are to be built has a ROW over the private lane, then this person and the buyers of the new plots will have the right to use the private lane. The fact that the person is no longer living there makes no difference I'm afraid.

You should therefore instruct a local Conveyancing Solicitor to do a search at the Land Registry and obtain a copy of the Deeds to the land to decipher if there is any ROW. To be honest, I would not have thought that the person would have gone to the expense of obtaining planning permission without first checking that a suitable ROW exists.

I am sorry this I snot perhaps the answer you were looking for, but it sets out the legal position.

Kind Regards

Al

Expert:  Aston Lawyer replied 1 year ago.

Hi,

Can I assist you any further?

Kind Regards

Al

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