planning permission in a private road

[mark1973]

Hi, I'm looking for advise on planning permission in a private road. I'm buying a property and would like to split the plot and build another property on it. The private road is owned by approximately 20 other households, they have a residents association, 5 committee members and a chairman. Each household pays a equal annual payment to the upkeep of the road/track. I would use the ordinary drive and split it to gain access to the new property ( shared drive ) My Question is do they have the power to stop vehicles driving up the private road to the entrance of my shared drive? Regards Mark

[Scot22]

I assume you all have a right of access.
Is the whole road communally owned or do you each own half of the frontage ? It depends on the wording of ownership.

[mark1973]

I assume you all have a right of access.
Is the whole road communally owned or do you each own half of the frontage ? It depends on the wording of ownership.

Hi thanks you the reply , all properties have right of access and i know all the residents bought the freehold of the road and frontage 4/5 years ago

[des8]

Although privately owned is it also a public highway?
If so the residents cannot prevent access by others.

[mark1973]

Although privately owned is it also a public highway?
If so the residents cannot prevent access by others.

Hi thank you for the reply , i will ask the question to my father who lives in the road . I do know that in the past residents have stop additional drives to a property in the road. Im just hoping for a shared drive

[mark1973]

Hi this is the agreement for the road, hope this helps? Copy of signed PRMA 09 Aug 17.pdf

[Ukmicky]

An easement is attached to the land, not the person who owns the land or the properties on the land, so all the land that currently enjoys access has a right to use it. Therefore if you divide your plot normally both parts will continue to have access rights.

For the burden of a maintenance agreement to pass to successors in title they normally need have been written and agreed to at the same time the original easement was granted.

[des8]

Is that an easement or just a permission to individuals?
I know the reference is to "an easement", but the document does limit it to "the member homeowners etc etc" and it is an unusual wording.
I can just see solicitors having a field day with this, followed by a big fat cheque

Does the Land Registry Proprietorship File make reference to a covenant or easement?