ChatterBank1 min ago
Right of way
I bought my house 22 years ago and have had right of way/access to the rear garage via a private road. This road leads to a small industrial estate and is used by businesses and the public. It has just changed hands and the new owner has locked gates at both ends of the road currently from 6pm to 7am and over the weekend. I have checked my deeds and it does give me right of way but states that I will be liable for the proportionate upkeep of the road to be determined by the vendors surveyor. I have spoken to the new owner and he wants to see my deeds before he will give me a key and wants me to sign an ongoing annual commitment for the road. I advised him I had used it without restriction for 20+ years without repairs occuring and he said that he was entitled to bill me for that period. I and the neighbours had never seen the gates closed before but he says that the previous owned locked them once a year for 24 hours. I was never notified of this or asked for money.There was always a right of way as the gates didnt cover the whole of the road.I am now really worried about my position and liability. Any advice appreciated.
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OK, it seems that you have an easement that entitles you to right of access, but that you also have a restriction that obliges you to pay for a proportion of the upkeep. Do you know if your neighbours have a similar easement (safety in greater numbers!)?
I don't believe that the owner can retrospectively apply maintenance charges, but you do appear to be in a weak position from now on if it does not specify what proportion of the total costs you bear - the owner could make it up as he goes along and drive the cost up such that it becomes uneconomic for you. Do you have any further info on this or that of others who may have to contribute to this?
Your reason for adding the bit in about 20+ years I suspect is to do with a belief you may have that acquired rights under the Prescription Act? (whereby you could acquire a right of way with no obligations if you used the track continuously in secret, without permission etc. for over 20 years). But this doesn't apply to you - you have an express grant of permission.
I don't believe that the owner can retrospectively apply maintenance charges, but you do appear to be in a weak position from now on if it does not specify what proportion of the total costs you bear - the owner could make it up as he goes along and drive the cost up such that it becomes uneconomic for you. Do you have any further info on this or that of others who may have to contribute to this?
Your reason for adding the bit in about 20+ years I suspect is to do with a belief you may have that acquired rights under the Prescription Act? (whereby you could acquire a right of way with no obligations if you used the track continuously in secret, without permission etc. for over 20 years). But this doesn't apply to you - you have an express grant of permission.
I have 8 neighbours who are affected. Its a row of small semi's. I am unsure what their deeds say, as my next door neighbours states right of way and doesnt mention any contribution at all. I believe some dont say access, and the new owner has suggested �5000 for access and an annual fee plus cost of keys for the gates maybe �200 a year. However there has been no offical communication yet just the gates being locked. The sky may be the limit and this is what is worrying me. The road is used by lots heavy goods vehicles, smal firms and the public. Its is about 200 yds long. The new owner is wanting to attract new start up businesses to the site, but its not a good location. Would I have to pay his surveyors estimate of the cost ,proportionate to the use of a new road. It says that his word is final.It doesnt mention annual fee and keys. Can I waive my right of way and avoid costs.....and lose a garage ? or am I liable anyway. I was totally unaware of this stipulation until now I can not believe that I went into this blind. I wouldnt of slept for the last 20 years waiting for the axe to fall. Any furthr advice welcomed.
Based on what you have said it would seem that the sky is the limit. That's why I was trying to help you find out how many others were impacted (shared costs etc.).
He can't lock the gates and impede your private right of access without at least giving you a key. You could have organised a letter to him pointing this out. However the bind is the apparent open-ended nature of the potential maintenance costs which it appears you have no say in.
At this point I suggest you go and see CAB for advice on where to get 30 minutes free advice from a local solicitor since I doubt this can be sorted without it. Then you are in a better position to judge what to do.
You may be able to negotiate a removal of your right of access together with a removal of your obligation to contribute to maintenance but this is going to have to be done properly through a solicitor. BM
He can't lock the gates and impede your private right of access without at least giving you a key. You could have organised a letter to him pointing this out. However the bind is the apparent open-ended nature of the potential maintenance costs which it appears you have no say in.
At this point I suggest you go and see CAB for advice on where to get 30 minutes free advice from a local solicitor since I doubt this can be sorted without it. Then you are in a better position to judge what to do.
You may be able to negotiate a removal of your right of access together with a removal of your obligation to contribute to maintenance but this is going to have to be done properly through a solicitor. BM
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