Advising a private individual on an access dispute arising with a developer

Mark Steggles and Grace King recently advised an individual homeowner in relation to a dispute as to access arising between the client and a developer.

A developer purchased a site north of the client’s property, including planning permission for several dwellings. The development was to be accessed from the north through a housing estate currently under construction.

The developer also purchased the private drive from the highway to the site. Importantly, the private drive was the sole access for the client’s house, stables and associated land.

The developer was looking to use the private drive to access the new dwellings to enhance their value instead of buyers having to travel through the housing estate for access. Reportedly, the developer was to widen the drive in places and construct passing bays. The developer had been using the drive for delivery of construction goods and to park plant, machinery and employee vehicles in connection to the site.

The client instructed Mark and Grace to advise on the legal right of way enjoyed by their property over the access land as well as any restrictions or responsibilities to consider whether the developer can stop access, restrict access, demand costs or request maintenance.

Mark and Grace advised that it appeared from their review of the relevant title documents and Land Registry documents that their land benefitted from rights over the drive which could not be obstructed by the developer. These rights were subject to the client making payment of a fair proportion of the cost of maintaining and repairing the said road. The client agreed.