I live on a private road, a 14 property cul de sac.. The contract of sale for my property clearly states that the road is private and is for use by residents, their visitors and those providing key services, such as BT, Water companies and the post person, only. A developer wishes to build on a piece of land at the very end of our cul de sac, but access to this land can only be obtained through our private un-adopted road. Does the developer/builder need out consent before he can use our very narrow private road to get his heavy vehicles etc from the highway to the land he wishes to develop?

Comments
  • Lindsey Davis

    Hi Paul,

    I would contact your local authority.

    First question that came to my mind though was, how are they going to access the homes when finished? Is he building a new entry road after?

    Based on what I know of private roads and what you have said though, they are not to be used as thoroughfares

    Lindsey

  • Sue Smith

    If the plot of land the developer is building on already has a right of access on the title deeds ie if the developer bought an existing house and knocked the house down to develop on the land then yes he can do this, for one house, if that is what stood there before. If no house stood there before and the road is in fact privately owned ie then he needs your permission as he would literally be trespassing and damage would be criminal damage. I’m not a professional but just stood back helpless watching a builder pay off the land owner of the private road I live in, we sadly now have a blooming great big 5 bed house next door to our bungalow, along with another two new properties, all built in place of a little old bungalow on a large plot. Planning permission will be passed regardless of the road, the builder will get permission first and then deal with access issues afterwards. I would suggest its a solicitor you need to talk to in the first instance and establish just who owns the road legally, then take advice from the solicitor based on that. It’s best to establish your rights before you need to assert them, and always better to get the solicitor to assert them on your behalf to the builder. Could you use the situation to your benefit ie give builder permission if he agrees to bring your road up to council adopting standards, one day that road will be full of pot holes like ours was and no one wanted to pay anything towards maintaining it, this then de-values your house.

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