Building on land with access across it

[nickjb]

I own a small triangle of land behind some houses. Its garages around the edge and open space in the middle. I'm considering my options for this land. I don't think its suitable for housing, there is space for maybe 2 or 3 but the access lane isn't very good. I was wondering about a few more garages. The potential problem is that the neighbouring properties have access across the land.
The title says:
EXCEPT AND RESERVED unto the owners or occupiers of the properties which abut the said land coloured pink on the said plan a right of way over the said land coloured pink (the land coloured pink is the whole triangle)

So, can I build on this land as is and leave a decent sized access road down the side for the properties that abut the land? Or would I need to get some kind of agreement with all the neighbouring properties?

 

[bernardgreen]

You could try to get an agreement with the owners of the neighbouring properties but that would alert them to your plans. They may agree to a revised right of way that was less than their existing right of way but they could make that expensive for you. The difficulty would be agreeing on what was a

a decent sized access road down the side

.

 

[Nige F]

A picture of the plan would be usefull

 

[nickjb]

Here is a sketch of the area. I own the pink boundary including the garages. The people abutting have access over the red hatched bit.

I was wondering about adding some more garages in the middle dotted area, leaving a loop road round the edge, its currently just rough ground. Its not drawn to scale but there is easily room to build something and have room to manoeuvre. People currently park cars there (without permission, nobody has the right to park there, just access) so it won't be blocking anything that isn't already blocked.

If it does involve getting all the neighbours to agree then I suspect it'll be a non starter and they'll be losing some of their free parking. It probably wouldn't be cost effective if I had to pay them off and pay several sets of legal fees to change deeds. I'm wondering that if I leave them "enough" access if I can just build on a bit of it. It does sound unlikely reading it back but it would be good to know for sure.

2018-03-07 11.38.12

• nickjb
• 7 Mar 2018

 

[TicTac]

Forget it, you'd never sell the houses with all the cars coming and going. Build more garages and rent them out.

 

[geraldthehamster]

I suspect the right of way would be over all and every part of the hatched land, so you couldn't build on it.

You could try asking the sad sacks over at https://www.gardenlaw.co.uk/

 

[oldbutnotdead]

And re the parking- get some signs up and start enforcing the no parking otherwise you'll find people acquiring the right to park through long use. Extra build- don't think so, very awkward shape.

 

[Nige F]

So, can I build on this land as is and leave a decent sized access road down the side for the properties that abut the land? Or would I need to get some kind of agreement with all the neighbouring properties?

Might be worth asking an auction house about possible value - I can envisage a developer buying out parts of the gardens to square the plot - and sit on it for years. Also, a developer would probably enforce parking with impunity. If it was mine I'd sell at auction - you can set the reserve @ what you want - it doesn't have to sell but you've generated interest