Garden Access
 

Building hard standing at the bottom of the garden has been on my mind since we bought the house and every now and then it pops back in to my head and I think I should get a move on to get the ball rolling for it.

But one thing I don't fully understand is the access at the bottom of the garden.
On the deeds it states that we got foot access to the garden but not road/car.

I could knock the wall down and drive the cars in and I doubt the people would moan but I want to do it properly.

Below is a image of our garden and our land. We have the red boarders and the vicarage has the green.
http://img.photobucket.com/albums/v7...psc8flyeri.png


How do you change the access to our garden from foot to car?

You would need agreement from the landowner and occupiers of that land as vehicular access imposes much greater maintenance requirements that on foot. That will cost you and have legal fees too.

Ideally you should purchase a suitable section and give them FULL access rights over it as well as it seems to be part of their driveway.
From the map it looks like your neighbour could have a similar interest, but maybe less as they already have a garage adjacent.

I'd imagine you need to get a lawyer involved as you'd need the vicarage to change the right of access, etc. Could be a painful process.

Is that a garage next to the house? might be easier to knock that down and put a long driveway in :)

The house to the right (looking at the map) has their own garage and access, she wont be interested in the access.

I think the vicarage is currently being rented, I need to locate the landlord.
I keep meaning to ask the tenets but they don't seem to be in when I walk past.

PsYcHe, that's our current garage and drive way that's to thin and to steep to really use.
I did suggest going all the way down but the wife did not like the idea of losing that much garden and the extra expense.

I guess its best to contact solicitor and go through them?

Yes, looked on streetview and the huge change in level means side access would be implausible.
Best start with a lawyer, many will give a free few minutes to get you going, but obviously take as much info as you can find first.

There may be covenants on the vicarage that make it impossible, equally you may have to pay to rebuild/widen their entrance if you acquire that section or more rights over it in order to improve their access over unobstructed land.

It would presumably increase the value of your property as well, so they would want (and I think are legally entitled to) a share of that potential.
I recall a TV program recently where people developing a derelict industrial building into a home had to buy access rights over a strip of council-owned land. The price was based on a well-known formula (can't recall the name) which linked it to the added value of the site. When they then further extended the building there was a further fee to pay, a significant percentage of the added value.
So don't assume this will be beer money!

Edit: These bits of land are known as "ransom strips" and it usually costs one-third of the increased value to secure the appropriate releases.
Access to hard standing would be one value, if you add a garage there would be more to pay.

The height difference from the road to the bottom of the garden is massive plus she likes the idea of being able to extend the house side ways if we want to in the future.
Making the drive way from the front to the back would stop that from happening.

I guess it would increase the value cause you'd have a proper car parking area.
We got access already but the car would make it even better.

I don't expect it to be cheap, I got no idea what it would be or what's involved to get access.
I'll contact the solicitor who helped us buy the house and see what she says.


I might just widen the gate to about 3 metres and say its for wheel chair access? +++

Further to add to the already usefully comments, especially about ransom strips, I would buy the title to the Vicarage so you know rights of way or restrictions on that portion of land. It's only £6 for a copy under find a property tab here:

https://eservices.landregistry.gov.uk

Certainly don't speak with the tenants or land owner until you've done as much due diligence because you don't want them to know of your intentions and inflate the price of any possible future lease / freehold.

That's a good point Matty.

Thanks.

I bought the title to the Vicarage and I don't understand it lol

lol. The title plan will have a red outline, this is the boundary of the title. It may or may not include that triangle of land (where you have your existing gate and the driveway to the Vicarage). There may also be coloured sections within the boundary that identify locations of easements, if any.

That's a funny little strip of land, see how your neighbours fence sticks out onto what would be the logical continuation of the strip you have behind the your property.

It would certainly be easily done as there is plenty road access that other neighbours use for garage access so it would be just a case of negotiating terms in access.

If it was me I would just do it anyway :D

Red boundary with a blue bit at the bottom of our land.


I've uploaded the document.
You guys might make more sense of it than me.

I have toyed with the idea of doing it but I don't want to get stung or something to kick off and get screwed over.

There is a proper lane at the bottom of the house that you can drive along.
All houses that back on to that lane has a garage apart from us cause of that stupid strip of land.

Yeah all that legal babble from times of yore needs a person of greater expense to decode than us meek mortals.

But at least you should be able to easily find out what you can and can't do as the piece of land is highlighted

I think you need to obtain and look at: NOTE: Copy Deed filed under DN19347 dating from 1960. Another £6?

The document you've uploaded is primarily about the transaction for the triangle to be sold to the vicarage as it was presumably surplus to the developers needs when they built your estate. And rights of access for maintenance and support, fencing hedges etc.
No mention of any rights of access for you over the triangle so far... ;)

Get a JCB to "ease" a hole through the wall and explain to the Diocese that it was an "Act of God" - they couldn't very well dispute that.

LOL!

The problem with just doing it is when you come to sell.

The previous owner of my house had done quite a lot of stuff (including re-siting a drive entrance over a ransom strip, funnily enough) without proper planning permission. He got away with it until we came to buy it and had it surveyed.

Our solicitor made him apply for a whole load of retrospective planning consents (at some considerable expense and inconvenience) so that it was 'right' before we bought it.

Heed this advice.

As somebody in his 25th year in the mortgage/property industry, I can't begin to tell you the problems that will arise when you come to either sell, or possibly remortgage, if you just go ahead and do stuff without following the correct processes.

It won't be cheap, but it'll be a whole load cheaper and less stressful than trying to fix it later.