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I've purchased an end of terrace property that has a flying freehold. It is a closed exit, however there are 2 doors at the rear servicing 2 commercial properties, so my first thought was 'do the owner have right of way'?, as there was no other way to the rear other than over my property. I asked my solicitor 2 check covenants on my deeds, and there were none that related to anyone having right of way. Planning was approved to convert the building into 2 self contained flats, and that meant blocking up the arch(flying freehold).
2mths later, and 60% of works completed. 3 men came to the property this morning introducing themselves as the property owners of adjacent properties, and explain that they had right of way and the arch should not be blocked up, they also showed me a copy deed from 1855 that had on it 'right of way for all' ....
I have 3 options.
1- go back to planning and see if they will accept an entrance at the rear for one of the flats, and leave the arch as is- They have already declined this as they said it would be unsecure for people living there. However they may look at this again if I explain that the arch cannot be blocked up.
2- Leave them sue me. And put my self at the mercy of the courts, on the basis that I did check with my solicitor, and they would have been written to about the planning, and therefore had ample time before to bring this issue up. Why wait until I was 60% through the job?
3- Another way through could be opened up for them to use, but it would open onto a public car park- so not ideal, and that would be a pedestrian access not vehicular which they want. And assuming the council would be ok with that.
I obviously want to go with option 3, but if that fails then I think it would be option 2. Has anyone else had experience with this? Do I have a case that I did enquire and they would have known about this via the council planning dept...Do cases like this go to mediation where maybe we can settle financially? Anyone know a good law firm based near South Wales that specialise in this area?
Thank you in advance for anyone responding to this.
2mths later, and 60% of works completed. 3 men came to the property this morning introducing themselves as the property owners of adjacent properties, and explain that they had right of way and the arch should not be blocked up, they also showed me a copy deed from 1855 that had on it 'right of way for all' ....
I have 3 options.
1- go back to planning and see if they will accept an entrance at the rear for one of the flats, and leave the arch as is- They have already declined this as they said it would be unsecure for people living there. However they may look at this again if I explain that the arch cannot be blocked up.
2- Leave them sue me. And put my self at the mercy of the courts, on the basis that I did check with my solicitor, and they would have been written to about the planning, and therefore had ample time before to bring this issue up. Why wait until I was 60% through the job?
3- Another way through could be opened up for them to use, but it would open onto a public car park- so not ideal, and that would be a pedestrian access not vehicular which they want. And assuming the council would be ok with that.
I obviously want to go with option 3, but if that fails then I think it would be option 2. Has anyone else had experience with this? Do I have a case that I did enquire and they would have known about this via the council planning dept...Do cases like this go to mediation where maybe we can settle financially? Anyone know a good law firm based near South Wales that specialise in this area?
Thank you in advance for anyone responding to this.
