Right of way maintenance/encroachment

arborlad
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Re: Right of way maintenance/encroachment

Post by arborlad » Wed Aug 10, 2016 12:19 pm

Best continued here:

dottiec1949 wrote:1 We live at the end of a longish access road which runs from a classified main road (approx 60 metres long).
2 The first 10 metres constitute a right of way for two cottages at the entrance and a small business and this is not involved in my question.
3 The remaining 50 metres (A) from the end of the right of way to our property was constructed as a road to our property by the previous owner, at the time our property was built, being a self build bungalow(1970).
4 The land between the end of the right of way and our property now has 2 new self builds on it. No 1 belongs to my son and No 2 is a self build owner.
5 We are about to resurface the whole of the access road, the cost being split 3 ways - 2 self builds and ourselves. Half way down Part A and between the two self builds is a T junction which provides a turning space for all vehicles entering the site to enable them to leave the site in a forward position.
6 This T leg has turned out to be longer than anticipated and we would like to earmark a parking bay at the end of it for our property. Self Build 2 has turned his garage into a home gym and has left himself short of parking space and we want to prevent this property taking over the space. If we make a parking bay there will still be more than sufficient space for any size of vehicle turning.

My question relates to the wording of the TPI registered with the Land Registry
Restrictive Covenants by the Transferee:Not to obstruct or park on at any time the Private Roadway or permit the private roadway to be obstructed.
Rights granted for the benefit of the property: The right to pass and repass at all times and for all reasonable purposes with or without vehicles over and along the Private Roadway
NB The private roadway Part A (including the turning area) has never been referred to as a Right of Way in any legal document or verbally.
We have no restrictions on us or our property as regards parking anywhere on the access road although I'm not sure where we would stand with the entrance right of way if a problem arose.
The T leg is a dead end and no-one would need to "pass or re-pass" in a vehicle. However this leg is nevertheless coloured blue on the plan.

Does anyone know whether we would be within our rights to earmark the parking bay - we would obviously pay for the resurfacing of this.

Any advice would be much appreciated.

arborlad

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arsie
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Re: Right of way maintenance/encroachment

Post by arsie » Wed Aug 10, 2016 2:55 pm

@dottiec1949: this thread is over two years old and an update would be good if possible!

Re-reading the re-post by arborlad, who actually owns (what you called) the T-leg private road? It isn't made completely clear but I assume the end (bottom of the T) is where your house is situated?

dottiec1949
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Re: Right of way maintenance/encroachment

Post by dottiec1949 » Fri Aug 19, 2016 6:25 pm

To try and create a picture. The access road is quite long and starts at the main road and ends at our bungalow. Everything is on the right hand side of the access road. So from the main road we have two cottages on the right - next we have new house no 1 on the right, next the turning road which is a straight bit of road off the access road. Still on the access road next is new house No 2 and after this is our bungalow at the end and this is where the access road stops. We own all of the access road and the turning leg of road (this forms a T from the access road and is a dead end). Only about half its length is required for vehciles (including fire engines) to turn so we would like to use the remainder as a parking space for our bungalow. We would not be obstructing anyone as no-one needs to pass here.

Are we within our rights.

I have just done a letter to the dominant tenants of the two cottages at the start of the access road requesting a small contribution towards the drainage upgrading and resurfacing of the entrance to the access road which we all use. Is there any particular wording I should use, or any recommended format. I don't expect them to pay but I hope to have a record of their response which I shall put with our title deeds.

Thanks for any help.

MacadamB53
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Re: Right of way maintenance/encroachment

Post by MacadamB53 » Fri Aug 19, 2016 6:36 pm

Hi dottie1949,

My question relates to the wording of the TPI registered with the Land Registry
Restrictive Covenants by the Transferee:Not to obstruct or park on at any time the Private Roadway or permit the private roadway to be obstructed.


which transaction was this TP1 for?

Kind regards, Mac

dottiec1949
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Re: Right of way maintenance/encroachment

Post by dottiec1949 » Sat Aug 20, 2016 7:44 am

I am so causing confusion - sorry.

The plots for the 2 new houses belonged to us. We sold the middle plot and this is when the TPI was done. My son now owns the other plot and has the same TPI and we have just completed a self build on this plot. My son's self build is not affected by my question because of its position.

The turning leg sits between the two new houses and the TPI shows this leg and the rest of the access road in blue. The 2 TPIs for the new houses stipulate no parking on any of this road shown in blue. We live in the original bungalow that owned the land before it was developed and have no restrictions on us as far as our deeds show. The leg could provide an extra parking space on site and we would like to mark it out as ours for visitors - we have single parking at the side of our bungalow, and this parking bay would prevent having to constantly shuffle cars. As we have no restrictions and have no plan showing a blue area of road relating to us, can we claim the parking bay (which would site mainly on the blue area but not obstructing anyone).

Also can anyone advise on the wording of my letter to the two cottage owners at the entrance of the access road regarding a contribution from them for the updating of the surface drainage and resurfacing at the entrance of the access road.

Many thanks

arborlad
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Location: Hertfordshire

Re: Right of way maintenance/encroachment

Post by arborlad » Sat Aug 20, 2016 9:01 am

dottiec1949 wrote:Also can anyone advise on the wording of my letter to the two cottage owners at the entrance of the access road regarding a contribution from them for the updating of the surface drainage and resurfacing at the entrance of the access road.

Many thanks

Some may disagree, but this is a job for a paid professional - someone who knows the full history and has had sight of all the relevant documents. Depending on what existing easements/agreements there are, it could be something that can't be done.
arborlad

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Eliza
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Re: Right of way maintenance/encroachment

Post by Eliza » Sun Aug 21, 2016 11:49 am

What was the missing post or posts in between the last post on this thread - and the quote by Arborlad on this thread over 2 years later? I admit I find that confusing to resurrect a 2 year old thread with a quote from an old thread and am wondering what happened there? Have posts been deleted?
Apologies for not giving exact personal details in my posts - you never know who is reading....

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