Do you have a right of access over a private road?

None of the properties have a right of access over the private road in their deeds although most were built in the 1930s. Even the farmer doesn’t have this written into his deeds, as evidenced by a letter from his mother in 1948 in the conveyancing history of one of the properties.

Who is the owner of a privat road?

Frontagers. As stated above a frontager is the owner of a property that faces onto the road. In common law the owner of a property will generally own up to the mid-point of the road that his property faces onto. That being the case, where a road requires work to be carried out each of the frontagers facing onto the road, on each side thereof,…

Where are the houses on the private road?

The properties are in two clumps, one set at the dead end and the other set at the private road’s junction with a local authority ‘B’ road. Between the two clumps of houses is a pasture for which the local farmer has just been granted outline residential planning permission for at least seven houses.

How can I access my Garden from a private road?

The only thing that could possibly be an issue is that, in order to access these new parking spaces in my garden I would have to open up the back fence in my garden and access my property via a private road belonging to the council.

None of the properties have a right of access over the private road in their deeds although most were built in the 1930s. Even the farmer doesn’t have this written into his deeds, as evidenced by a letter from his mother in 1948 in the conveyancing history of one of the properties.

The properties are in two clumps, one set at the dead end and the other set at the private road’s junction with a local authority ‘B’ road. Between the two clumps of houses is a pasture for which the local farmer has just been granted outline residential planning permission for at least seven houses.

Can a road owner block access to a road?

If an easement exists, the road owner is not legally entitled to block access. If no easement is written into a deed, trespassers or others who use the road to travel, for example, from their homes to a store or restaurant, may have an easement by prescription.

How to avoid pitfalls of private road ownership?

David Plott, an engineer and former public planning specialist-turned consultant, suggests that neighbors in situations without a private road maintenance agreement rally together to find common ground and to recognize that a high-quality road is going to increase everyone’s property values. “Have a big block party and bring it up,” he says.