Anyone had problems with Land / Rights of Way / Access / Neighbours

**northernladuk** · 2 March 2012, 12:11

Check this out...

http://www.parliament.uk/briefing-papers/SN00402.pdf

The law on the maintenance and adoption of private roads in England and Wales is highly complex. It is contained in sections 203 to 237 (Part XI) of the Highways Act 1980. Briefly, a private or unadopted road is by definition a highway not maintainable at public expense. The local highway authority is therefore under no obligation to pay for its maintenance. Responsibility for the cost of maintaining a private road rests with the frontagers (the owners of properties with frontages on such roads). However statutory provision does exist for unadopted roads to be adopted and thus become highways maintainable at public expense. Statutory provision also enables the street works authority to require frontagers to put in hand repairs if there is a danger to traffic in a private street. Where the frontagers fail to act as required the authority may execute the repairs itself and recover the costs from the frontagers.

It appears to say it is not a private road. It is public, just not maintained by the local govt so you probably don't have much right to stop then doing this. They do appear to fall in to the catagory of 'Frontagers' so will be liable if work is required. Whether or not they will pay is a different kettle of fish.....

Might be worth quickly looking at whose land this road sits on and go down the private land route. I know it sounds stupid but ...

If the road is unadopted it is public... but it cuts up private land.. this means to leave the road to enter his property he has to cross 3 feet of someones private land which he cannot do. Very petty indeed but many land disputes appear to be centered on a few feet of land....

Or look in to buying the road as a group and make it private. I don't think you can use squatters rights as a couple of you use it plus your friends and family so not exclusively yours. The absent owner may making agreement to buy extremely difficult though as it needs their permission as well.

Could be a proper nightmare this one if you don't nail it first time.

**wurzel** · 2 March 2012, 12:13

Yes.

When I moved into my cottage, a neighbour seemed to think he had a God given right to come into my garden and take a leak all over my flower border first thing in the morning.

I only caught him at it once; it didn't happen again.

**Lockhouse** · 2 March 2012, 12:35

Have they got planning permission? I'd speak to the council in the first instance just to see their take on it and what your options might be. I've found them generally helpful.

**Troll** · 2 March 2012, 12:36

Originally posted by ChrisPackit View Post

Chaps

Got a situtation, and wondering whether anyone here has come across this before. I'll summarise the problem I have here:

I live on an unadopted road which consists of a farmhouse and 3 other detached properties, and between us we would do any maintenance that the lane requires. It is currently pretty much a farmtrack, though we did spend £1000 per household recently on repairs etc. All properties are freehold and the lane, about 1/4 mile in length has several owners according to the Land Registry, myself included for part of it, and one of which is a now defunkt building company. The unadopted lane runs through some woods so we do attract a fair number of dog walkers etc but very little traffic - around 6 cars per day which are residents only.

The quandry is, a neighbouring property on a housing estate which backs on to the unadopted lane, has decided to take down their rear fence, build a wall and looks as if they intend to use the rear as an entrance to their property, rather than the front. They have never been down or used the lane before.

My concern is about the extra traffic down the lane - it is nice and quiet with little traffic, and is single track, so if one car meets with another, you have to back up 1/8 mile to let the car pass, which is annoying. Fortunately, this happens very seldom, but may happen more often if theis comes to fruition.

My second concern is that between the 4 propeties on the lane, we maintain it and repair as necessary, which I'm quite sure they would have no intention of contributing to.

Anyone - Where do I stand in terms of legality, allowing them access down the lane, rights of way etc. I know I should and will talk to a solicitor in good time but any similar experiences on here?

Ta

Can't you all just club together and build another wall in front of theirs?

**BrilloPad** · 2 March 2012, 12:37

Have youn contacted you local highways department?

I had a friend who worked in one - he told me about a farmer who wanted to put an access road onto a motorway!

**Sausage Surprise** · 2 March 2012, 12:45

Had something similar ... 4 houses on a private road and the guy who wanted to take down his fence for access to the rear of his property offered £100 each to each of us

As we all had young children at the time we all declined the offer.

**Zoiderman** · 2 March 2012, 12:51

I had an issue with boundaries with an old naighbour who believed any land under his, spectacularly large, eaves, was his...

ANyway, back to yuor issue. As a kid, we lived down what is a private road. We had a similar issue: a neighbour would use it to access his property. My father, and others (including a Police Inspector), simply put up a sign at the start of it stating it was a private road, they was no access other than people who lived there, and any otherentry would be considered un lawful. We then, well, my father, then went and dropped a note in, stating no more and they didn't. This was the 70's however, when people were considerable politer, and had less neck.

As for planning, there's no issue building a wall under 6'6" if it doesn't face a highway, or public thoroughfare. Not an issue in this case.

First up, I would ask him not to use it, or offer him an option of contributing, if you dont mind that option. If he baulks, then issue a solicitors note.

Or, finally, block him in if he wants to play charlie big potatos

**eek** · 2 March 2012, 12:59

Based on the experience of my parents if its a public but unadopted road there is nothing you can do unless you can find out who owns the ransom strip between the boundary of his land and the road itself.

Just be glad you don't have 35ton royal Mail lorries trying to go down the road.

**OwlHoot** · 2 March 2012, 13:07

It's a bit late now, but you and your fellow freeholders should have agreed years ago to erect a gate at the end of the road facing the public highway and close the gate for one day a year, traditionally Good Friday.

Anyone had problems with Land / Rights of Way / Access / Neighbours