Access Road Advice

[Holley]

We co-own together with 5 other residents, the access road leading to our houses. At the very top of the road is a commercial unit that has right to use the access road (there's no other access).

Wear and tear has increased a lot because of the heavy commercial vehicles they use.

The owner of the commercial unit is currently adding 4 more units to rent out to other commercial companies which will of course increase heavy vehicle traffic.

We've asked the owner if they can contribute to the cost of repairing the road and have been told to jog on.

Do we have any right to ask for a contribution? Can the owner of the commercial unit extend the right to use the road to other companies they add on their land?

[ZedLeg]

My first thought was put a gate up and ransom access to the guy.

I don’t know anything about the legality of that though

[Sundayjumper]

Start an insurance company specialising in fire risk. It'd be a real shame if any of those units burned down.

[Sundayjumper]

Sensible answer - I'm not sure right of access = obligation to maintain so you might be a bit stuck here, unless the right of access somehow specifies no heavy vehicles ?

[Holley]

My first thought was put a gate up and ransom access to the guy.

I don’t know anything about the legality of that though

A neighbour suggested this but I think all it will do is annoy them, but not stop use. Don't want to annoy them really.

[Holley]

Sensible answer - I'm not sure right of access = obligation to maintain so you might be a bit stuck here, unless the right of access somehow specifies no heavy vehicles ?

I have got the title deeds somewhere, will have a look

[Gavster]

We had a problem years ago with an access road at our business. It wasn't a proper road, instead it was one of those lanes that runs behind houses. Howvever, as people had started developing the backs of their gardens into houses or units, more people began using it.

One neighbour at the end of that road (scary Mary) built a bungalow, and during that process, their heavy works vehicles (e.g., skip lorries, etc.) absolutely destroyed the path, turning it into an undrivable bog with deep ruts. We had to go out and put down sheets of plywood to drive over it, and she refused to make any financial contribution to help rectify the problem, nor did she take any responsbility.

It was a slightly different situation as the road fell under a different category to yours by the sounds of it. E.g. there was no official ownership in my case. We were advised to create a resident group that was intended to collectively plan the maintenance and repair of the road over the long term. This was to show how everyone, except Mary, was collectively working together to keep the access safe and in good order. The idea being that over time this would demonstrate Mary's refusal to communicate or take any responsibility.

Not sure if it was an effective strategy as we moved our business about a year later, and by that point we had all chipped in (except Mary) to get the drive levelled and gravelled.

Not sure if there's any help there, or if creating a group and inviting the business to get involved has any benefit for you?

[Gavster]

Just googled it, we had an "unadopted road"

[Holley]

Not sure if there's any help there, or if creating a group and inviting the business to get involved has any benefit for you?

I get on all right with her and I organised a full fibre set-up via an openreach programme last year for all residents. She was grateful for that.

But she's a shrewd business woman and I understand why she doesn't want to pay (if she doesn't have to, why pay?). But of course if I can get all my facts together that shows it would be in her interest, I will get organised and go and see her.

I don't want to harm her business in any way, just a fair contribution towards the cost of the road.

Half tempted to see if she wants to buy the road so it's her responsibility, but not sure if that would be shooting myself in the foot.

[Mito Man]

I don’t think you can do much with unadopted roads, there’s quite a few round here with houses worth a few million each but the road is utterly ruined to the point that you have to have a proper SUV to access.

[Gavster]

Not sure if there's any help there, or if creating a group and inviting the business to get involved has any benefit for you?

I get on all right with her and I organised a full fibre set-up via an openreach programme last year for all residents. She was grateful for that.

But she's a shrewd business woman and I understand why she doesn't want to pay (if she doesn't have to, why pay?). But of course if I can get all my facts together that shows it would be in her interest, I will get organised and go and see her.

I don't want to harm her business in any way, just a fair contribution towards the cost of the road.

Half tempted to see if she wants to buy the road so it's her responsibility, but not sure if that would be shooting myself in the foot.

From a legal perspective offering her the road makes no sense. She'd be taking on all the responsibility and costs for what? You really do need proper legal advice to ensure any damage to the road is covered. @Jobbo will know more but surely as the road owners you're the ones who can insist on some kind of clause to ensure she has a duty to contribute?

[duncs500]

At the risk of upsetting Jobbo, seems like something the legal beagles at the time of development and property transaction stage might have foreseen.

[mik]

Is it not a bit unusual that it's a private road servicing 6 properties, but ownership (and therefore the responsibility for maintenance) falls solely with the 5 residential properties?

[Holley]

Found the title deeds which reads for the road use by the business up the top...

2. The right of wayfor the Transferee and all persons expressly or by
implication authorised by the Transferee or other the occupiers for the
time being of the Property or any part thereof in common with all other
persons having a like right at all times and for all purposes with or
without vehicles over and along the roadway leading from Thurleigh Road
to the Property shown coloured brown on the Plan numbered 2 annexed
hereto subject to the payment of a fair share of the cost of keeping
the said roadway in good repair."

So it does suggest that they should pay towards the cost of repair. But also annoyingly that she can let anyone use the road at any time (currently she's pretty good and only uses it during work hours, but that could change with the new companies I guess).

[mik]

I'm not a lawyer, so it sounds like you need to speak to yours:

a/ I would have thought "fair share" could be interpreted as a minimum of 1/6th of the overall costs (?), although without a % being stated I guess you're into interpretation and argument (theirs being use over a limited period of time per day, you & your neighbours being type/weight of vehicles accessing the road.
b/ Is the "property coloured brown" on your plan a building or an area of land? I assume the latter but worth checking? (If it was an explicit property then I'd assume any new units don't necessarily have right of access unless that is negotiated(?)).

[Gavster]

It sounds like you're being too nice about this. If they're obliged to contribute towards upkeep, then when she told you to jog on she was simply attempting to avoid paying in respect of that covenant. Of course, enforcing that is a whole other kettle of fish.

Another point is that the text you've pasted above mentions property, as opposed to land or freeholder. Therefore I'm assuming it relates to an existing building, not the overall package of land. Ergo, if she builds additional buildings that require leases, then those buildings will also require covenants regarding use of the road, something which I doubt she can grant.

IMO, the best thing would be to go back to her with a note saying that you're disappointed that she's refusing to pay costs in contradiction of clause xx in the deeds and would she be willing to meet and discuss this matter further.

[Holley]

It worries me more about the additional vehicles, so it's a good shout about it being related to an existing property rather than the overall land and additional properties built. Hopefully I can come to an agreement with her about acceptable times for usage of the road, future upkeep etc.

[Jobbo]

I’m away for a couple of days but this is definitely something I can assist with - think you have my email address already.

[Swervin_Mervin]

You say they're adding additional units - are they applying for planning permission? If so you might be able to cause some trouble - or at least use the threat of such as a lever to bring them to the table.

[Holley]

I’m away for a couple of days but this is definitely something I can assist with - think you have my email address already.

Thanks Simon, have sent you an email