Legal advice regarding conveyancing law

[cyberknight]

We live on a private drive with 4 houses having right of way , before the builder had finished the drive properly he tried to build another property but did not have any right of way over the drive.
The unfinished house now has a home made for sale sign hanging on the fence, does anyone know what we can do about it ?
push comes to shove we would all be happy if the builder or buyer put the final layer " top coat " ? over the drive as its getting a bit worse for wear .If not what can we do about it? Neighbour has spoken to the council but as its a private drive they are not interested.

 

[swee'pea99]

Go see your local citizens advice bureau. That's what they're for, and they're very good at it.

 

[vernon]

If the builder is as cunning as my kid brother is in property development, there'll be a protracted legal wrangle and you'll lose. The law doesn't always work in the way that you want it to.

 

[Archie_tect]

Go and look at the planning permission for the house in the file at the Council's Planning Department, and ask the solicitor who did your conveyancing about access in your deeds.

Usually a private access to several houses has a conveyance arrangement where the houses off the private drive are obliged to maintain the drive jointly so that everyone has a responsibility, however the ownership of the land over which the drive runs is assigned either to the last house on the run or split up as part of each plot. It's a common arrangement but if there was space for a last plot to be sold off it would be unusual to not have made arrangements for it either in the original planning approval for all 5 or within the conveyance.

How is the final plot serviced, ie where do the electric, gas, water and drains run from? If it is already serviced from the runs serving yours and it's covered in the planning approvals and conveyancing then it's a done deal and you'll just have to live with it.

 

[Stonepark]

Similar to above, need to get a copy of their deeds and look to see what rights are include, if it is not limited to 1 house specifically, then nothing you can do about it.