Private access road - resurfacing a section.

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span
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Re: Private access road - resurfacing a section.

Post by span » Sat Sep 29, 2018 8:55 am

The tar clearly delineates the right of way. I'd be reluctant to allow it to appear identical as your driveway, in case if confusion in years to come as properties are bought and sold and new owners more in.

Is that bit useful to help cars turn around on the right of way without backing into private property?

sharonuk
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Re: Private access road - resurfacing a section.

Post by sharonuk » Sat Sep 29, 2018 9:11 am

It isn't a turning point, it's access to my driveway only.

It doesn't mention anything about the surface of the ROW in the deeds only that no structure must be built on it and it must be kept clear at all times, which it would ,the only change would be the surface.

A car could still turn in it if need be, I don't want to re-route or block the ROW, simply resurface the part which is within my driveway already.

span
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Re: Private access road - resurfacing a section.

Post by span » Sat Sep 29, 2018 9:34 am

Then go ahead and do so, with the following caveats:

Get your pavers to install an obvious line in the paving that clearly delineates the right of way from your property.

You're about to feud with the neighbour opposite about their parking on the right of way causing you problems. Doing this work may just be handing them a stick to beat you with.

You really should have just one thread, not two. See now how the problems mix?

sharonuk
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Re: Private access road - resurfacing a section.

Post by sharonuk » Sat Sep 29, 2018 9:45 am

Sorry my mistake I should have included both problems in one thread, first time posting here oops.

The only reason I am block paving over my front garden is so I can get in and out of my drive without being blocked, the people restricting my access are the ones parking on the ROW, the deeds say the ROW must be kept clear at all times so they are the cause of the initial problem, it's not going to be cheap to renew my drive and I would rather have it looking decent, going across in a straight line rather then in and out.

If they weren't parking on the ROW I wouldn't be extending my drive and this problem wouldn't exist arghhh I was warned about buying a property on a shared road :?

span
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Re: Private access road - resurfacing a section.

Post by span » Sat Sep 29, 2018 10:02 am

What do you mean, extending your drive? How? Where to in what direction?

I thought we were just talking about making a small part of the surfacing of the right of way look similar to the new surfacing you've got planned for your drive.

If you're going to landgrab part of the right of way whilst feuding with a neighbour then you really are setting yourself up to fail.

sharonuk
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Re: Private access road - resurfacing a section.

Post by sharonuk » Sat Sep 29, 2018 10:09 am

No I'm doing away with the front lawn and block paving it over and block paving my existing driveway, I want to incorporate that piece of tarmac so the front lawn boundary runs in a straight line to the boundary fence on the other side, I'm not land grabbing, I plan to ignore the neighbour parking on the ROW once my driveway is done as I will have no access problems, I'm not looking for trouble.

sharonuk
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Re: Private access road - resurfacing a section.

Post by sharonuk » Sat Sep 29, 2018 10:14 am

https://imageshack.us/i/pmGg7WkPj

All the grass which is my front garden is going and being replaced with block paving, it would look much tidier and neater if the line continued to the fence on the right, instead of jutting in and out

span
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Re: Private access road - resurfacing a section.

Post by span » Sat Sep 29, 2018 10:19 am

Ah, I see. You're extending your driveway sideways! :D

sharonuk
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Re: Private access road - resurfacing a section.

Post by sharonuk » Sat Sep 29, 2018 10:41 am

Yep it's becoming a nightmare!

Collaborate
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Re: Private access road - resurfacing a section.

Post by Collaborate » Sat Sep 29, 2018 10:46 am

Can I just get this clear? The tarmac you propose to pave is land that falls within your boundary. However others have a ROW over it. Is that correct?

Eliza
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Re: Private access road - resurfacing a section.

Post by Eliza » Sat Sep 29, 2018 10:56 am

sharonuk wrote:
Sat Sep 29, 2018 8:35 am
The tarmac part I wish to block pave over isn't my land, I wish to incorporate it into my driveway so it runs in a straight line but I don't own the tarmac part.
There's your answer then - it's not yours and so you can't. End of....
Apologies for not giving exact personal details in my posts - you never know who is reading....

sharonuk
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Re: Private access road - resurfacing a section.

Post by sharonuk » Sat Sep 29, 2018 11:00 am

I think so, it's tarmac so not part of my driveway but it lies within my boundary (see photo) it is part of the shared private ROW and must be kept clear, which it would, only difference would be the surface.

Correct its not part of my land, but I am finding out if its possible for me to block pave it. I have sought legal advice for this but the solicitor wants £560 to read through my deeds, she said my first port of call is asking my neighbours if they have any objections, if they do she said she will go over all my deeds and if there is nothing stating I can't change the surface of the ROW as long as it's kept open she said I will be able to go ahead, I would rather avoid the £560 legal fees and settle this with my neighbours but two of them are deliberately not responding to my letter

IdefixUK
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Re: Private access road - resurfacing a section.

Post by IdefixUK » Sat Sep 29, 2018 11:04 am

Collaborate wrote:
Sat Sep 29, 2018 10:46 am
Can I just get this clear? The tarmac you propose to pave is land that falls within your boundary. However others have a ROW over it. Is that correct?
+1
I'm beginning to think that the plan that the OP is using is a 'left over' document from when the estate was developed rather than the official Land Registry title plan. The area outlined in red appears to go across the road to the opposite neighbour's land and also goes left some distance to the other road, bit of an unlikely situation me thinks. Suggest download the plan direct from Land Registry for £3 to be sure of the OP's boundary.
Regards

Eliza
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Re: Private access road - resurfacing a section.

Post by Eliza » Sat Sep 29, 2018 12:04 pm

sharonuk wrote:
Sat Sep 29, 2018 11:00 am
I think so, it's tarmac so not part of my driveway but it lies within my boundary (see photo) it is part of the shared private ROW and must be kept clear, which it would, only difference would be the surface.

Correct its not part of my land, but I am finding out if its possible for me to block pave it. I have sought legal advice for this but the solicitor wants £560 to read through my deeds, she said my first port of call is asking my neighbours if they have any objections, if they do she said she will go over all my deeds and if there is nothing stating I can't change the surface of the ROW as long as it's kept open she said I will be able to go ahead, I would rather avoid the £560 legal fees and settle this with my neighbours but two of them are deliberately not responding to my letter
"part of the shared private ROW" and the "difference would be the surface" sounds like something to make people think they can't drive over an area of road (ie use it as a turning point) that they CAN drive over/ie use as a turning point. Most people on seeing a bit of road in the same surface as a private driveway would assume it was part of the driveway - rather than realising that, of course, they can still use it as a turning point. Is this what you are trying to achieve? - ie make people (eg future owners/visitors to current owners) think they havent got a right they DO have?
Apologies for not giving exact personal details in my posts - you never know who is reading....

sharonuk
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Re: Private access road - resurfacing a section.

Post by sharonuk » Sat Sep 29, 2018 12:10 pm

https://imageshack.us/i/pnp8gZw1j

That is the land register for my property

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