Private Lane

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Hilary
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Joined: Wed Feb 14, 2007 11:25 am

Private Lane

Post by Hilary » Wed Feb 14, 2007 12:43 pm

We live in a property situated in a private lane and have right of way along with our neighbours neither of us are the owners of the lane.

These neighbours have just submitted a planning application to erect a chalet bungalow in their garden to sell on. Would the owners of this new property automatically inherit the same right of way or would permission be needed from the owners of the lane as a new entrance would be needed to access the property from the lane. The lane owners are opposed to this proposed development as it would be an extreme invasion of their privacy so could they prohibit access either to construction vehicles or the eventual occupants.

Pennyfarthing
Posts: 402
Joined: Tue Apr 19, 2005 8:34 pm

Post by Pennyfarthing » Fri Feb 16, 2007 2:10 pm

Hilary - I thought someone would have replied to this by now!

I am NOT a legal person (but I do live on a private lane too :lol: ) and as I read this I would guess that whoever OWNS the lane calls the shots. If its their lane, surely they can decide what happens on it.

andrew54
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Joined: Wed Dec 14, 2005 7:25 pm
Location: north yorkshire

Post by andrew54 » Fri Feb 16, 2007 5:33 pm

Pennyfarthing wrote:Hilary - I thought someone would have replied to this by now!
The lack of responses might be due to the lack of punctuation, thus making the question difficult to follow. Is there a question? There is no question mark!

To attempt an answer - They probably will be able to have access along this track to the extra houses, but it depends what their Land Registry entry says about the right of way.
The extra entrance off the right of way is another matter. Does the right of way run adjacent to their land at that point? Or is there only a connection on the plan at the present entrance?
You need to look at their Land Registry documents, they are available on-line.
Pennyfarthing wrote: I would guess that whoever OWNS the lane calls the shots. If its their lane, surely they can decide what happens on it.
The land owner cannot call the shots if someone has a right of way over his land to their land.

danensis
Posts: 17
Joined: Thu Feb 08, 2007 8:42 pm

Post by danensis » Fri Feb 16, 2007 9:00 pm

You might want to take a look at http://www.boundary-problems.co.uk/main ... ts.htm#way

With regards to selling on Rights of Way.

Conveyancer
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Location: Andalucía

Post by Conveyancer » Sat Feb 17, 2007 12:05 am

Rights of way attach to land, rather than the buildings on land. Unless there is a restriction attached to the grant it becomes a question of whether there is an unjustifiable increase in user. What is proposed is unlikely to be deemed unjustifiable.
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