House Extension in Private Road

homefromhome
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House Extension in Private Road

Post by homefromhome »

Hi All,

Hoping someone could help. I have been granted planning to build an extension to my property. The property is in a Private Road that is owned by all members of the road, the Road has formed an association and each home pays a yearly cost to maintenance and repair of the road and to maintain some drainage and grass verges. I have full right of way "at all time and for all purposes” to access my property.

The Road Association are now demanding a builders Contribution "FEE" and stating my builders and merchants require permission from them to travel over the road? Unless I sign some paperwork and pay the fee I would not be able to start the build?

Has anyone else ever had this problem in a private road? I would assume my FULL RIGHT OF WAY would trump any of this?

Many thanks for the guidance.
MacadamB53
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Re: House Extension in Private Road

Post by MacadamB53 »

Hi homefromhome,

The Road Association are now demanding a builders Contribution "FEE" and stating my builders and merchants require permission from them to travel over the road?

sounds like utter guff, but the devil is in the detail - can we see the wording of the RoW? does your proposed extension require a new entrance from the RoW?

kind regards, Mac
homefromhome
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Re: House Extension in Private Road

Post by homefromhome »

Thanks for the reply.

I have added the right of way wording.

Thanks
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arborlad
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Re: House Extension in Private Road

Post by arborlad »

homefromhome wrote: Tue Jan 21, 2020 1:30 pm
The Road Association are now demanding .....................



I doubt this is something that will be found in the deeds - more likely in the Articles of the Association.
arborlad

smile...it confuses people
MacadamB53
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Re: House Extension in Private Road

Post by MacadamB53 »

arborlad wrote: Tue Jan 21, 2020 5:34 pm
homefromhome wrote: Tue Jan 21, 2020 1:30 pm
The Road Association are now demanding .....................



I doubt this is something that will be found in the deeds - more likely in the Articles of the Association.
I doubt the articles of the association trump the deed.

happy to be corrected...
ukmicky
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Re: House Extension in Private Road

Post by ukmicky »

The deed comes first and the rights granted by the deed come before anything else . When the road association was set up if they wished to change any of the rights granted by the easement every party would have had to agree to the changes and the wording on the deeds changed to reflect the changes. As that obviously hasn’t happened no one can argue that the rights granted by your easement are not legally held by your land and therefore you have a legal right to utilise those benefits for the benefit of your land.

As the easement grants access at all times and for all purposes no one can prevent the builders using the road to get to your house. No road association agreement can interfere with that right.

The question is however have you agreed to anything beyond the easement that means that money can be demanded should your builders use the road even though they can’t stop the builders using it.

Basically the road agreement is a maintainace agreement where you or someone has Agreed to pay towards the maintenance of the road . They can be enforced but only if you were party to the agreement . if you were Party to the original agreement then they will have a case if you cause damage beyond normal use to repair the damage but they still can’t stop the builders using it. You could however repair any damage your self leaving them with no claim against you.

Who set up the road agreement and were you party to the original agreement

Was it set up alongside the easement or did the easement come first.

Was it before your bought your house.

Have you personally signed any road agreement. If so do you have the wording and does it say how you can leave the partnership. It would make legal sense you would leave with no less than what you brought in to the partnership so would retain all the same benefits you had before hand.
Any information provided is not legal advice and you are advised to gain a professional opinion
homefromhome
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Re: House Extension in Private Road

Post by homefromhome »

Thanks UKMicky,

I have only just purchased the property, I have paid the annual Road Maintenance fee as this was outstanding from the previous owner.

I have not signed a road agreement or any other documentation.

I will push back and let you know the outcome.

Thanks for the advice.
arborlad
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Re: House Extension in Private Road

Post by arborlad »

Is there any objections from your neighbours for the extension?
arborlad

smile...it confuses people
homefromhome
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Re: House Extension in Private Road

Post by homefromhome »

The planning has fully passed. One neighbour objected to a ground floor window but this did not affect anything and planning have agreed to everything.

Thanks
SJC14
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Re: House Extension in Private Road

Post by SJC14 »

If I shared a road maintenance and one owner had builders for several months coming and going on heavy trucks then I think it would be nice if that owner gave £50-100 each as a gift for the trouble and extra wear and tear to maintain good relations. It is their choice to build and cause nuisance to others.
homefromhome
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Re: House Extension in Private Road

Post by homefromhome »

Hi SJC14,

I'm not opposed to making an extra "contribution fee" to the association but not prepared to be held to ransom. I'm trying to find out if they have any legal stance stopping my workers or trades coming onto the road.

Cheers
SJC14
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Re: House Extension in Private Road

Post by SJC14 »

homefromhome wrote: Wed Jan 22, 2020 9:58 am Hi SJC14,

I'm not opposed to making an extra "contribution fee" to the association but not prepared to be held to ransom. I'm trying to find out if they have any legal stance stopping my workers or trades coming onto the road.

Cheers
I agree, that is why I said gift so they do not think it is anything legally obliging. A private road can be used by the general public and open to all who wish to use it, it is just maintained by those who own it and not the local authority. The owners or the owners association cannot stop your trades from using it: its not different from a plumber or delivery van using it to service a house.
mr sheen
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Re: House Extension in Private Road

Post by mr sheen »

homefromhome wrote: Tue Jan 21, 2020 1:30 pm I have full right of way "at all time and for all purposes” to access my property.

The Road Association are now demanding a builders Contribution "FEE" and stating my builders and merchants require permission from them to travel over the road? Unless I sign some paperwork and pay the fee I would not be able to start the build?

I would assume my FULL RIGHT OF WAY would trump any of this?
It is your property that has the ‘full right of way at all times’ ie anyone that has legitimate business at the property has the right to pass and repass over and along the roadway to and from it (unless there is additional wording with restrictions).

The association cannot control use of the road. Their purpose is to manage the maintenance of it so that all properties can have f.ull enjoyment of their rights over the road. If there were controls then owners could monitor how many cars were owned by a property and ask for additional fees for more than one car etc....and monitor visitors etc ...which would be ridiculous and presumably no one has signed up to granting such controls to other property owners.

I would reply quoting the grant of rights in the deeds and point out...

I respectfully refer you to the rights purchased with my property, as specified in the deeds « right of way at all times and for all purposes etc ie all invitees having legitimate business at my property have the right to pass and repass over and along the roadway serving the property. Presumably these rights apply equally to all other properties irrespective of the number of cars owned, number of visitors etc etc. The association has no right to monitor or seek to control usage of the access road or to seek to undermine the rights granted to each property.

I trust that on review of the deeds and legal rights of property owners, the association will recognise the limits of their duties and there will be no further issue. Any attempt to interfere with the rights associated with my property will not be tolerated.
Collaborate
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Re: House Extension in Private Road

Post by Collaborate »

You have a ROW for all purposes. You can confidently rebuff this cheeky and unwarranted request.
ukmicky
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Re: House Extension in Private Road

Post by ukmicky »

I would reply quoting the grant of rights in the deeds and point out...

I respectfully refer you to the rights purchased with my property, as specified in the deeds « right of way at all times and for all purposes etc ie all invitees having legitimate business at my property have the right to pass and repass over and along the roadway serving the property. Presumably these rights apply equally to all other properties irrespective of the number of cars owned, number of visitors etc etc. The association has no right to monitor or seek to control usage of the access road or to seek to undermine the rights granted to each property.

I trust that on review of the deeds and legal rights of property owners, the association will recognise the limits of their duties and there will be no further issue. Any attempt to interfere with the rights associated with my property will not be tolerated.
perfect
Any information provided is not legal advice and you are advised to gain a professional opinion
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