Private access road - resurfacing a section.

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sharonuk
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Private access road - resurfacing a section.

Post by sharonuk » Fri Sep 28, 2018 9:20 pm

I live on a shared private access road which is shared between five properties including my own.

The shared road is tarmac and driveways are red gravel and grey paving slabs.

I am planing on renewing and block paving my driveway in the Spring, the tarmac juts approx 2.5 metres into my boundary, when I have had quotes from the paviers they have all recommended incorporating the area tarmac which lies within my property boundary in the same block paving as the driveway to give a much neater, tidier finish.

The area of tarmac in questions is of no use to anyone else who shares the private road other than myself as it sits within my boundary.

I have scoured through my deeds and all I can find in relation to the private road is that 5 properties must share an equal cost of repairing and maintaining the road and all areas in yellow hatchings on the plan are ROW and must be kept clear at all times.

I have written a letter to the four other properties asking permission to pave this area, including a plan of what I intend to do and a copy of the deeds highlighting the shared road ROW, so far I have only received one signed agreement letter back. The others haven't said no but they haven't said yes.

I am unsure what to do next.
Image
Last edited by sharonuk on Fri Sep 28, 2018 10:02 pm, edited 1 time in total.

sharonuk
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Re: Private access road - resurfacing a section.

Post by sharonuk » Fri Sep 28, 2018 9:28 pm

https://imagizer.imageshack.com/v2/320x ... lCijJb.jpg

The thin white line is the part i wish to incorporate in my driveway in block paving.

https://imageshack.us/i/pm1UTAHmj

Street view my drive is the one with the white car, you can see how far the tarmac extends into my boundary.

https://imageshack.us/i/pmxDpaJTj

View looking towards my property.

mr sheen
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Re: Private access road - resurfacing a section.

Post by mr sheen » Fri Sep 28, 2018 9:43 pm

I assume you are making it clear that you will pay 100% for the change of surface and are merely asking for their consent?

sharonuk
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Re: Private access road - resurfacing a section.

Post by sharonuk » Fri Sep 28, 2018 9:50 pm

I'm not asking for any money, all ive asked for is their consent, I'm not trying to claim ownership of that piece of land I just wish to incorporate it into my new block paving to give a straight edge finish and conceal the large ugly drain with a block paving tray

MacadamB53
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Re: Private access road - resurfacing a section.

Post by MacadamB53 » Sat Sep 29, 2018 12:41 am

Hi sharonuk,

what is the issue/problem here?

you don’t need anybody’s permission to resurface your driveway - am I missing something here?!?

kind regards, Mac

sharonuk
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Re: Private access road - resurfacing a section.

Post by sharonuk » Sat Sep 29, 2018 6:14 am

Hi Mac

Please see photos on my 2nd post.

I wish to incorporate the tarmac area which juts into my drive in bock paving.

sharonuk
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Parking on ROW - Private road

Post by sharonuk » Sat Sep 29, 2018 6:46 am

I live on a private road shared with four other houses.

The private road is tarmac and driveways are pink gravel and grey paving slabs.

My deeds show the tarmac in yellow hatchings and states the yelloe area is a right of way and must not be obstructed at any time.

A few months ago new neighbours moved in opposite me and have taken to parking there car on the tarmac alongside their house, which is opposite my driveway.

I used to be able to swing around in the area they are currently parked in to drive straight into my drive and back out up to their wall to get out. Since they have started parking there I have to reverse into my drive which is very narrow and tight and I am struggling to get out of my drive without clipping the front wing of their car.

I have spoken to them about this issue twice and each time they have told me as I have a small car they feel they are not blocking my access and will continue to park there.

I am unsure what to do next! I was planning on replacing my car next year for a bigger model but I would not be able to reserve a larger car into my driveway.

https://imageshack.us/i/pm3lXvKQj

https://imageshack.us/i/plQrXMb8j

Collaborate
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Re: Private access road - resurfacing a section.

Post by Collaborate » Sat Sep 29, 2018 6:55 am

Information missing is your title plan showing the yellow hatched area. Does that include all or any part of the tarmac covered land you now wish to resurface?

sharonuk
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Re: Private access road - resurfacing a section.

Post by sharonuk » Sat Sep 29, 2018 7:13 am

The tarmac area I wish to resurface is part of the yellow hatched area. I will upload of photo of the plan.

Eliza
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Re: Parking on ROW - Private road

Post by Eliza » Sat Sep 29, 2018 7:36 am

Admits I'd go ahead and buy the bigger car I'd planned on in your position - they'd no longer have the "as your car is a smaller one" excuse and that may (just....) stop them. If it doesn't - then on their head be it if you clipped their car accidentally.
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 7:49 am

https://imageshack.us/i/pn1OtBCYj

That's the plan with the yellow hatched areas.

https://imageshack.us/i/pnPCIW4Qj

That's all the deeds say regarding the private road.

https://imageshack.us/i/plRs7pglj

Eliza
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Re: Private access road - resurfacing a section.

Post by Eliza » Sat Sep 29, 2018 8:20 am

Collaborate wrote:
Sat Sep 29, 2018 6:55 am
Information missing is your title plan showing the yellow hatched area. Does that include all or any part of the tarmac covered land you now wish to resurface?
That's what I am wondering - ie is that bit of land shown on the Land Registry's Title Plan for the house or no. If it is on the Title Plan, then it belongs to OP and is nothing to do with anyone else. If it isn't on the Title Plan - then it belongs to everyone and everyone's permission would be needed.

It does rather look like the area concerned is meant to be a turning head point for everyone in the road - in which case that means it isn't possible for OP to extend the paving on her driveway without written permission from all involved (and I wouldnt be surprised if everyone's deeds etc needed to be amended by a solicitor accordingly).

In OP's position - I wouldnt do it personally - as it looks like she isnt allowed to and it would cost a payment to each of the neighbours involved to get their permission for it (eg to cover their solicitors costs for amendment to paperwork).
Apologies for not giving exact personal details in my posts - you never know who is reading....

MacadamB53
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Re: Private access road - resurfacing a section.

Post by MacadamB53 » Sat Sep 29, 2018 8:25 am

Hi sharonuk,

I get what you’re telling us.

I don’t get why you think you need permission.

it’s your land and you’re plan doesn’t interfere with other’s rights over your land - they’ll still be able to use it as a “common entrance or driveway” won’t they?

just crack on with it...

kind regards, Mac

MacadamB53
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Re: Parking on ROW - Private road

Post by MacadamB53 » Sat Sep 29, 2018 8:28 am

Hi sharonuk,

any chance you could ask admin to merge your threads please?

appreciate the logic for posting “separate” issues but sticking to a single thread works best for many on the forum (just trying to increase your chances of getting quality, informed advice).

kind regards, Mac

sharonuk
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Re: Private access road - resurfacing a section.

Post by sharonuk » 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.

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