Access and Services

Access and Services

The law relating to easements and rights of way can be very complex. Many householders are often unaware that they have no right of way over a strip of land located between the public highway and their property, that they have no right to a shared driveway, that their underground services cannot pass beneath neighbouring land, or that their property is connected to a private sewer on neighbouring land. These issues, which are often the result of ambiguous drafting of legal documents and plans, can lead to lengthy neighbour disputes and huge legal fees.

The following case studies provide examples of the potential (expensive) consequences arising from easement issues:


Bakers win legal row with parish council

http://www.eveningstar.co.uk/news/bakers_win_legal_row_with_parish_council_1_549279

Haughley Parish Council has been criticised for spending tens of thousands of pounds on a failed legal battle over village green access rights.  They spent six years and between £40,000 and £50,000 pursuing the owners of Palmers Bakery for their use of an access track across a patch of ancient land. Despite receiving advice against continuing with the claim, the council persisted and the Palmers legal team unearthed ancient documents that proved a right of access to the sight dating back to 1189AD. The claim was finally dropped. Mr Palmer said: "They (the parish council) have wasted a lot of people's money."

Seller misrepresentation on access disputes

http://news.bbc.co.uk/1/hi/uk/2818995.stm

A couple who hid a history of neighbourhood disputes have had to pay £67,500 to the family who bought their house. Buyers Mr and Mrs McMeekin said they only realised there was a dispute related to rights of access after they moved into the house. The issue is that the neighbours own the freehold to the access way shared by four houses, and there is a running dispute over parking and rights of access. Portsmouth County Court judge ruled that the Longs had fraudulently misrepresented that there were no neighbourhood disputes. They argued in court that any dispute relating to access and parking was over. Mr McMeekin said: "It's alright that we have the judgment, which is very nice, but the problem is still there."

Sir Bernard Ingham access and boundary dispute

http://news.bbc.co.uk/1/hi/uk/234419.stm

Baroness Thatcher's former press secretary, Sir Bernard Ingham, has been released on bail after being arrested for alleged criminal damage following a dispute with a neighbour over access to a garage. Mr Ingham's neighbour, Mr Cripps, said that his car door was damaged as he was driving to his rear garage. He says that he has "an undisputed right of way over the vehicular access behind Mr Ingham's property", which enables him to access his garage. Mr Ingham said:" He drove over my land to try to get his car into a rear garage. He knows he should not do so."

Drain strain

http://www.telegraph.co.uk/property/mypropertynightmare/3337376/My-property-nightmare-drain-strain.html

It was only when Mr & Mrs Hughes built a new house at the bottom of their garden that they unearthed a probem over the ownership of the sewers. Indeed, the nearest sewer was in their neighbour's garden, rather than in the road, where it should have been. They later discover that this was a private sewer, not a public one. They therefore had to negotiate with all the owners of the homes between their new house and the main sewer, which resulted in a great deal of aggravation and expense in making what ought to have been a simple connection. Many householders are often unaware that their property is connected to a private sewer or that they are responsible for its maintenance until a problem occurs.

First Title claim example

First Title provided an insurance policy for two access ways to an old farm, as there was no legal right to actually use either of these. Once renovation works commenced, the neighbour placed a skip over the access entrance preventing their use of it, and refused to move it. First Title instructed solicitors immediately to deal with the matter, who liaised with the neighbour's solicitor to bring the matter to an amicable conclusion without the need for Court proceedings, unfortunately without success.  Proceedings were issued against the neighbour for a declaration that the legal right of way existed over the field. A mediation hearing resulted in the insured being transferred part of the neighbour's field to provide an alternative accessway through to their property.

The Insured were extremely happy with the result and commented:"We are delighted with the outcome, which was achieved by First Title's knowledge, professionalism, skill and patience. We would thoroughly recommend a First Title policy to anyone."