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    NMALCOLM's Avatar
    NMALCOLM Posts: 1, Reputation: 1
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    #1

    Jun 11, 2013, 03:07 AM
    Building a house
    Five years ago I got planning permission for a house to be built in my back garden. I live on a private road, although my neighbours didn't raise any objections at the planning stage I was unable to complete selling the site as two neighbours wouldn't give access over the road. My soicitors told me there was nothing to be done as all our deeds listed us as owning "an undefined" share of the road. If they can use that clause can I not do likewise and provide unlimited access over my "undefined" share of the road.

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    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #2

    Jun 11, 2013, 03:12 AM
    That does sound strange. It sounds like what you have is an easement to for use of the road. And no one owner should be able to block use of the road for access. Once the planning commission approved building on the site, that should have been it.

    But if your solicitors say its so, I'm not one to argue with them. Your only recourse as I see it would be to sue to have use of the road more clearly defined. Or you may have to pay those neighbors to agree to the use.
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #3

    Jun 11, 2013, 07:17 AM
    Did you get permission to treat it as a separate, sellable property? Two new deeds?
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