multiple one-off houses already in situ.
I'm not sure if I'll need permission for each and every one of them to bring services up to my site
It's been a long time (decades) since a new house was built on the lane and nothing in the planning docs that I can see about third party permission to connect services.Have you established if the neighbours had to individually seek permission as you mention. Perhaps you could look at the local Council website and see what planning restrictions applied to them.
I don't want to say anything until I can find out if it's necessary to ask at all because the kind of guy he is, he would definitely hold out just because he could!Are you sure that the road is not owned by someone?
I live in exactly the same situation as yourself- but every landowner who borders the road owns that part of the road as well. I do as well own the part of the road bordering my land. I own it to the middle of the road. The neighbour across the road owns the other half. You need to check the folios involved to find out.
I wonder how the other neighbours managed to get their water and sewage pipes in. I wonder if they all applied for proper planning permission. Here the council would not give any planning permission for a house on such a road. They only give planning permission for either sites with an entrance from a council serviced road- or a fully private road in the sole ownership of the applicant.
In theory the neighbour you are referring to can block your plans- and the whole thing would end up in court. You might have the right of way- but not the right to dig it all up and put in pipes, etc. A judge would decide about this.
Is there no way you can talk to your neighbour? I know the type you are talking about. Those folks like to be the boss. But they also like to see people coming as beggars and asking the boss for a favour. They feel very important if you do that- and might grant your wishes....
How does this relate, does it mean I shouldn't have to ask for permission to dig up lane to lay pipes to connect to services since ownsership is not clear per se?Land Registry Maps are not exclusive as to property boundaries unless adjoining landowners agree to same in writing ( which rarely happens).
The Folio is completely separate to the map ( filed plan).
I own a similar laneway. Someone must own the laneway.. Houses along my laneway have a right of way to their property. A farmer also has a right of way to farm his land. The farmer sold off a site a couple of years ago. The couple who purchased the site subject to planning came to me and asked would I sign a right of way to the proposed site which I did. I woiuld think most people would not unless they were paid.Hello, I have outline planning permission on a site I want to build on, which currently has no access to water or sewage. It's too small for a septic tank so I will need to connect to public services via a private cul de sac laneway never taken in charge by the council with multiple one-off houses already in situ. My site is right at the end of this lane.
One of these neighbours along the lane is very much a Bull McCabe type so I'm concerned he'll kick up a fuss about laying pipes for services access along it, but does he have the power to prevent me doing this? The lane is a private right of way (originally an agricultural ROW) used by all existing houses situated along it, so I'm not sure if I'll need permission for each and every one of them to bring services up to my site since it's not 'owned' by anyone in particular.
In the middle of a housing crisis, could one (or maybe even more) curmudgeonly neighbour realistically have the power to nix my build?
To clarify, all residents on the laneway including myself already have right of way but no one person 'owns' it. My query was whether permission is needed from everyone along the lane to bring public services far as my site since it's the one right at the end.I own a similar laneway. Someone must own the laneway.. Houses along my laneway have a right of way to their property. A farmer also has a right of way to farm his land. The farmer sold off a site a couple of years ago. The couple who purchased the site subject to planning came to me and asked would I sign a right of way to the proposed site which I did. I woiuld think most people would not unless they were paid.
I am not familiar with the law but I would think that if the person who owns the lane does not want it touched then there is little you can do about it.
Just me but I genuinely do not think many people would just give you the nod without a payment. Would a developer? Would you honestly let someone dig up your laneway? Maybe I am turning into another "bull" but I would need serious compensation to allow development again.
How do you know that nobody owns the road? Everything is owned by someone!To clarify, all residents on the laneway including myself already have right of way but no one person 'owns' it. My query was whether permission is needed from everyone along the lane to bring public services far as my site since it's the one right at the end.
Yes, this is exactly it. No one person owns it, we all own parts, which is why I'm trying to figure out how difficult or otherwise it might be to get services up along it. I have outline planning on my site, a follow-on from previous full planning which I couldn't act upon at the time.How do you know that nobody owns the road? Everything is owned by someone!
If the county council does not serve it, it is probably what folks call an "LIS" road. But even these roads are owned by someone- all landowners who have property adjoining the road. They own that specific part of the road adjoining their land- it is in fact part of their land- even if there are ditches or walls separating land and road. It looks like the property of a landowner ends at the wall or ditch- but it really ends in the middle of the road- where it meets the border of the landowner across the road- who owns the other half of that bit of the road.
If it's clear that you all own parts then your path forward is clear, you need to obtain permission from each and every owner for the works you require. You will likely require the creation of an easement to allow you access to maintain the services in future.No one person owns it, we all own parts, which is why I'm trying to figure out how difficult or otherwise it might be to get services up along it.
OK that sounds complicated and probably impossible, given the one curmudgeonly neighbour (that I know of!). Would the creation of a brand new easement be necessary given the long-established legal right of way already in place? Crikey, how can anything in this country ever be built if so much needs to be decided and allowed via committee...If it's clear that you all own parts then your path forward is clear, you need to obtain permission from each and every owner for the works you require. You will likely require the creation of an easement to allow you access to maintain the services in future.
In the middle of a housing crisis, could one (or maybe even more) curmudgeonly neighbour realistically have the power to nix my build?
Crikey, how can anything in this country ever be built if so much needs to be decided and allowed via committee...
I've owned the site for donkeys years and like everyone else accessed via the laneway but never had the opportunity/finances to build anything until now. Or so I thought!But they're not stopping you from building on your site.
But not every building project involves digging up parts of other people's privately owned laneway, if that is the correct situation.
Surely the solicitor who handled the site purchase would have flagged this potential issue to you?
There is one possible solution- and it would favour all parties involved:I've owned the site for donkeys years and like everyone else accessed via the laneway but never had the opportunity/finances to build anything until now. Or so I thought!
As far as I know sites cannot be sold unless there is a proper public access to it. So any site owner who has bought in the past must have a folio, etc, showing that right in writing and on an enclosed map.I honestly don't think you all own part. The Land Registry boundaries will likely show your parcels to the centre of the road but these boundaries are not accurate (see disclaimer on Land Registry maps) and are done this way for convenience.
A solid, but time consuming, way of finding out the owner is to go back to when the land was one parcel at the valuation office and then follow through the valuation maps as the land was divided up.
There is usually one house that did the selling off of the smaller parcels and they held onto the road. In your situation, if there is a working farm somewhere along the road, they probably held onto it.
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