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Original poster

Access required through our drive

27 replies

Newbuildaccess · 17/05/2019 14:39

We bought a new build 3 years ago. We are the end of the row so have a really large drive and front garden. It was mentioned at time of sale today that in future they may need to access a future development through our drive. Obviously we would be devestated by this not only will be lose our drive but we would have years of disruption. We tried to clarify it but didn’t have the money for endless solicitors letters. I’ve seen time and time again how knowledgeable people on here are and I’d wondered if anyone could shed any light on this. We are annoyed as for 3 years we’ve planted bushes, mowed it weekly, maintained fences etc and according to our house deeds (attached) the drive is within the red boundary of our house. Just wondering if anyone had any experience of anything like this?

OP posts:
Original poster
Newbuildaccess · 17/05/2019 14:39

Sorry not sure how to add photos? Thanks

OP posts:
Confusedbeetle · 17/05/2019 14:40

Go back to your solicitor and find out

badlydrawnperson · 17/05/2019 14:43

To add a photo use the "choose file" button below the post and pick the photo from your device.

badlydrawnperson · 17/05/2019 14:45

or on the mobile site - use the paperclip icon.

Pipandmum · 17/05/2019 14:45

If they have an easement or right if way over your drive it will say so in the deeds. Is it a development managed by agents? Do you pay a service fee? Go back to original solicitor if you can’t find a reference to this. If they do then caveat emptor.

badlydrawnperson · 17/05/2019 14:46

It was mentioned at time of sale today Eh?

MayFayner · 17/05/2019 14:48

They mentioned it at time of sale? Or today?

EmmaGrundyForPM · 17/05/2019 14:49

If you were made aware prior to buying the house then on not sure there is anything you can do about it.

We are in a similar position in that, when we bought our house several years ago, there was a clause attached to it giving the local council the right to take the last 5ft of our driveway and front garden should they ever decide to widen the road. We decided that they were very unlikely to do this and that we would take the risk. However, the clause had been put in place over 50 years ago and the never enacted it so we were fairly confident.

You really need to ask the solicitor who dealt with your purchase for clarification.

PerfectPeony2 · 17/05/2019 14:54

Hmm that’s annoying. Is an easement already attached to the property title?

Talk to your solicitor. There may be an easement by necessity implemented or they may be able to get one.

Gigglinghysterically · 17/05/2019 15:06
  1. Do you mean that a temporary access may be required in the future through your drive while a new development is being built?
  2. Or a permanent access? Will owners of houses on new development need to use this land to get to their property when built?
  3. Who is "they"?
  4. "It was mentioned at time of sale today". Mentioned? You need to fully understand the implications of this. Are you in the process of selling your house now and this has come up in searches?
  5. Is there an easement in your deeds giving someone right of access over your land?

You should have clarified this already by seeing a solicitor. Saying you don't have the money for endless solicitors' letters is burying your head in the sand. It could cost you far more in the long term. Would you have bought this knowing what you know now?

Isitweekendyet · 17/05/2019 15:07

Are you leasehold or free hold?

Genevieva · 17/05/2019 15:10

Look at your title deeds and any documents you have signed. They would need an easement that covers the very high level of disruption involved. For example, pedestrian access is not the same as access for diggers etc. It sounds like they thought about this in advance of the sale, so there should be documentation.

PCohle · 17/05/2019 15:10

Is there an easement mentioned on the deeds?

To be honest I'd be surprised if the developer hasn't thoroughly covered their arses on this. I think you may have been a little naive.

AnAC12UCOinanOCG · 17/05/2019 15:12

Ask on GardenLaw.co.uk, though ignore the poster called Despair. There are very knowledgeable people on there who will help.

notapizzaeater · 17/05/2019 15:14

You need to speak to your solicitor to find out exactly what access they have.

JaneEyreAgain · 17/05/2019 15:14

The solicitor who acted for you when you bought the house should have explained this clause to you when you signed the contract.

Jaxhog · 17/05/2019 15:27

Check your deeds. If there is an easement it would have be in writing. Speak to your solicitor if things aren't clear. I would be surprised that, if this were the case, your solicitor didn't bring it your attention before contracts were exchanged.

LIZS · 17/05/2019 15:32

Have they applied for planning and assumed right of access along your drive?if you own it , was any easement to the builder mentioned in your documents, who has maintained it since? If it was not an issue 3 years ago, for your mortgage company and solicitor, it should not be now. Would you be prepared to negotiate a charge?

GhostsInSnow · 17/05/2019 15:34

From my scant knowledge this is usually done when there is land to be developed at a later date, your drive will be cut short and used as an access into that area. Seems to be a gamble you take whether they develop or not.
Is there any application for land next to your house?

CadburysTastesVileNow · 17/05/2019 15:37

Sounds like a 'ransom' strip. Is there a land-locked field / playing field / waste land behind you? This would be what they hope to build on ( or hope that someone else will build on it, so they can charge a fortune for access).

However, they may not have a hope of doing so if the land is currently zoned as green belt or whatever. I know of two such ransom strips in my neighbourhood, but they have not been called in in the 20 years we have lived here.

Look carefully at the terms of the easement. Is it given only to the developers you bought from, or to anyone they nominate? Do you even own the land, or are you actually being leased it at a peppercorn rent?

CadburysTastesVileNow · 17/05/2019 15:38

You might want to install a bat habitat on that strip, in the meantime ...

;)

LisaSimpsonsbff · 17/05/2019 15:54

If it was mentioned at time of sale then you can't really complain, but I hope you got a lot of money off the house for it compared to the others on the estate.

You can't post photos if you're new to the site, btw.

Lifeover · 17/05/2019 16:01

If I’m reading this right, it was mentioned at time of sale but you didn’t bottom out what this meant. Was this right of access through your property included in the deeds? Or did the sales person simply drop it into conversation ie if we want to develop next door we would have to get your consent to go through your drive (ie was it used as a selling point saying you could stop development)

StickOfRhubarb · 17/05/2019 16:01

So you bought it three years ago.
It was ‘mentioned’ when you bought it three years ago that in the future, your drive may be used to access a future building site.
You didn’t and still don’t really know what this would mean or entail but you didn’t investigate further.

Now, something has happened that makes you think your drive is going to be used as an access?

NoSquirrels · 17/05/2019 16:03

What did your solicitor say at time of purchase and what did you sign?

Not sure why it would have cost you extra to get this sorted at time if purchase.