Is my neighbour landlocked

[omalley]

I own a private road which my neighbour has right of access, as stated in the title deeds, it says access is afforded for a dwelling [note this is not plural] The neighbour has now obtained planning permission and is seeking to divide the plot by retaining the house and selling the garden to a devloper for a six figure sum..

I have 2 questions:

1. Will the existing right of access extend to serve the new dwelling as the deeds imply the dwelling is not plural [more than 1].

2. In order to connect statutory services, the neighbour has to excavate the road which I own, Is he allowed to do this even without my consent, or can I negotiate a fee.

Your help is greatly appreciated

[themas]

1. Put it this way. If I was a solicitor (which I'm not) & was acting for someone buying the new house from the developer I would be extremely concerned that the easement worded as you say would not be adequate.

2. On the face of it, no-one has the right to come onto your land to do anything without your agreement. However, if the services run under your land (presumably to serve the existing neighbouring house) there must be easements given to the service companies to allow this. Copies of these should be with the deeds of your house (or on the land certificate). They may give the companies the right to access the service pipes etc. without further agreement from you - but this right may be limited or qualified. You need to look at the wording.

3. It may be you have a case to negotiate a payment to allow your neighbour to do what he wants. If the development cannot proceed without your agreement this could be a substantial part of the six figure sum. You could need specialist agent/surveyor help on this once the legal bit has been clarified beyond doubt.

[johnny37]

Did you not object to the planning application? It may be the council were at fault in not considering all this when planning was apporved.

[omalley]

It has nothing to do with planning - it is a land issue.

My undertsnading is, if the deeds only refer to dwelling in it's singular form, it whether or not you can challenge this as the intentions at the time were for the land to serve only one house and never 2.