Tweet
Hi,
We are on a pre-1900 cul-de-sac, which fronts on to a private road. All frontagers collectively pay to maintain this private road.
There is nothing in the deeds specifically mentioning our access to this road, other than each household is responsible for maintenance of the road immediately in front of it.
Due to the length of time, I guess there is no question we have earned a prescriptive right of way by foot and vehicle.
There are houses in front of this road - the back gardens of which abut this road. There are gates in their back walls allowing them access on foot - presumably, they have also earned a prescriptive right of way, but on foot only.
My questions are:
Would the houses in front be within their rights to open up their back walls and construct driveways, using the private road as access to these driveways?
Would they be obliged to contribute to future maintenance costs?
How would this be enforced as we are unsure as to the owner of this road. We obviously have "control" of this road as frontagers who have maintained it - is this sufficient to dictate access?
Would it be advisable to set up a residents association and attempt to take ownership of the road? What implications would this bring? e.g. public liability, etc?
Thank you for reading, and for any contributions.
Jas.
We are on a pre-1900 cul-de-sac, which fronts on to a private road. All frontagers collectively pay to maintain this private road.
There is nothing in the deeds specifically mentioning our access to this road, other than each household is responsible for maintenance of the road immediately in front of it.
Due to the length of time, I guess there is no question we have earned a prescriptive right of way by foot and vehicle.
There are houses in front of this road - the back gardens of which abut this road. There are gates in their back walls allowing them access on foot - presumably, they have also earned a prescriptive right of way, but on foot only.
My questions are:
Would the houses in front be within their rights to open up their back walls and construct driveways, using the private road as access to these driveways?
Would they be obliged to contribute to future maintenance costs?
How would this be enforced as we are unsure as to the owner of this road. We obviously have "control" of this road as frontagers who have maintained it - is this sufficient to dictate access?
Would it be advisable to set up a residents association and attempt to take ownership of the road? What implications would this bring? e.g. public liability, etc?
Thank you for reading, and for any contributions.
Jas.
