In the absence of anything specific in the deeds about
responsibility for upkeep of the road, then the legal doctrine of mutual
benefit and burden applies. This says that people who use the road are
responsible for the repair of it in proportion to the amount they use it.
I would need to see the 99 year lease to see exactly what rights
are granted and to who. So, it may be possible for the regard is to be
demolished and the place turned into a car park (for which the owner may want
to charge) but it may not be possible for the owner to have people going up and
down into his new car park. The solicitor will advise you on this when he has
the lease in front of him. If you let me have the wording in the lease, I can
tell you also.
If your conveyancer is baffled by the whole thing, then tell the
conveyancer to pass it on to someone who is not baffled or find another
With regard to 3, I am not altogether certain what it is that you
collect from the three neighbouring properties. Can you please let me know the
Finally, I can tell you that there is nothing to stop the owner at
the back pulling down the garages and turning it into hardstanding, it is only
the access which could be the contentious sticking point.
Does that answer the question? Can I assist further or answer any
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