Access

[Fred1664]

Looking for some advice with an access issue or a potential one at least.
I have applied for planning permission to replace an extention to the rear of my rented property, I use the garden as a car port at the moment however it is only accessed by a neighbours privately owned road. I believe I have a right of way from the owner/previous owners using this road but have no easement. The owner has complained to me that he is not happy with my taxis using the lane as much as they do, so I have a feeling he may try to cause problems with planning permission and or building supply vehicles and builders using the road to get to my garden if so does he have any legal right to do so?
just trying to make sure he has no rights so I know where I stand should he try to cause any issues.

Thanks in advance.

[des8]

Do you know
1) for how long did the previous owner use the privately owned neighbour's road
2) did he do this with the neighbour's permission

Among other conditions, a prescriptive easement needs to have been exercised continuously for a period of 20 years and without permission of the land owner

How prescriptive easements can be claimed: https://www.gov.uk/government/public...y-prescription

[Fred1664]

I believe over 20 years, as for permission I think that maybe not as the previous owner of his property has passed on but my other neighbour has stated they had issues with the previous owner about access, he hasn't said I can't use the lane he has just stated the taxi use is disrupting his family, if I have a prescriptive easement he can't cause me trouble with works vehicles etc?

[des8]

IF (repeat IF!) there is an easement for access which benefits your property there will probably b e no restriction on the persons/vehicles using for such access.
Parking on the road would not be included.

You refer to your taxis, so presumably you have a fleet which is kept on your land.
For the sake of keeping the peace I don't suppose there is anyway of reducing the use by your drivers?

[Fred1664]

He claims there is no easment on his deeds and that he has no issue with us using the road for private vehicles, my thinking is my cabs are mine, it is my company after all. Also as I'm paying the contractor to work they would share my rights to access.
I have asked my landlord if I can see the deeds incase I do have an easment in place, not really on good terms with the neighbour so asking to see his deeds may not go down well.
my handovers of vehicles mainly take place on the main highway off the private road now, my wife or I drve any taxis to the garden as I'm trying to avoid upsetting the house owners on the main highway with parking etc.

Thanks for your help.

[Fred1664]

As and after thought, this neighbour couldn't try to block my planning permission if I do not have an easment could he, surely builders access isn't an issue for an extention rather than a new plot?

[des8]

If the properties are registered you can check whether an easement is recorded on land Registry proprietorship files here https://www.gov.uk/search-property-i...-land-registry at a cost of £3 per search.

Planning will not be concerned with access as long as it isn't hazardous

[Fred1664]

Thank you, I have checked the house just a red line around the property no other colour lines and no mention of any easment, it applying for one expensive?

[des8]

A prescriptive easement does not have to be registered to e legal, although it may be advantageous.

You may have problem in that you are only the tenant and will probably need landowner's authority to register the easement.

If you fail to prove the existence of the easement you will give the owner of the road a perfect excuse to prevent your use of it, so be cautious.

The actual cost of registration is comparatively small.
The horrendously expensive part is solicitors' costs, especially if the land owner disputes your claim and matters escalate to court, you lose and are ordered to pay the other side's costs.

If you want to register the easement, I would suggest consulting a solicitor in the first place, but I personally would just continue using the road and wait to see if your neighbour takes action.
If he does I would then try and come to a negotiated agreement rather than go down the legal route

[Fred1664]

Thank you so much for your advice I appreciate your time and knowledge.

[Fred1664]

I have taken the advice passed on and got a copy of my neighbours deeds, there is an easement on there but not for the lane disputed that I use, however in section C: charges register states " the right for the purchaser and other owners and occupiers for time being of the land here conveyed to use for all reasonable purposes in common with the owners and occupiers of other comprised in the said building estate the roads drains and sewers thereon and thereunder" does this give me a right of way over any road/lane on his prperty?.

TIA for any input!

[des8]

That is what is on your neighbour's Land Registry file, but what is on the file for your property?
That wording gives your neighbour the use of the various roads etc.
You need a similar wording on the LR file of your property.

Do you have a plan of "the said building estate"?

[Fred1664]

There is nothing like that on my deeds, not even a mention of an easement that shows on his deeds, I'm not sure what the building estate is, our terrace is on an unadopted Road and his bungalow is at the end of his private road that tails off the end of the aforementioned road.

[des8]

If I was in your position, i think I would just continue quietly using the lane, causing as little disruption to the owner.
If it goes legal be ready for an expensive experience, without any assurance you will win.

i think you might have difficulty showing the previous owner(s)/occupier(s) of your property had used the lane without permission.
This will make it well nigh impossible to claim a prescriptive right, and the current owner appears to be giving you permission to use the lane

Perhaps you could warn him about contractors using the lane, and assure him that you will keep disturbance to a minimum.

[Fred1664]

Thanks for the advise Des8, I may have to rethink my approach I just don't like the fact he is trying to cause me the inconvenience with my business when I pay good money for my property.