People using my road to enter land

I have a diagram to post but not sure how to

Why is your solicitor dragging his heels.

He should have immediately issued a cease and desist order for you to serve on the owner and anyone employed by him.

If this is your land and you have the deeds to prove it theirs is nothing for your solicitor to “find out”.

Years ago my parents were in a similar position and stopped the building traffic over their land within 24 hrs.

Would you consider a different solicitor?

Take a photo click choose file, click photo library and choose your photo.

Do you need to use your road for your own car? If not see if a friend or someone you trust can park a vehicle across the entrance.
Something similar happened to acquaintances, the developers saw their road as the easiest access. They intended to buy an old ( useless) vehicle to block the access. Fortunately other issues resulted in limited development and the builders pulled out.

We had similar problems - ours was a joint access with a neighbour , who decided he was going to give us, as much aggro as he could. He used to park his pick-up on the joint access, thus preventing my husband (now ex) from leaving.
Fortunately, because he was a GP and had to be ‘on call’, we were able to get the Police involved.
He soon got the message.

I’m doing this without visiting solicitors offices so he needs to get the land registry layout of my land to see where the road is so he is certain I have complete ownership of the road. I could be telling him anything.

Can you place a road block beyond your own drive entrance, leaving access to your house for yourselves, delivery/visitors etc| but preventing any vehicles using the private road beyond that point? Would that help?

Here is the link to the Land Registry www.gov.uk/government/organisations/land-registry/about/about-our-services You can do the search yourself for £7.

Do you have any documents relating to when you bought your property? These should include a plan of the land included in your plot.

The solicitor needs to check that I do own the road to enable him to forward the necessary document/letter to the owner of the property to point this out and to order him to desist in enabling others to use and park on my private road. I can’t really put any obstacles in the road as myself and two other families live on the land and it’s the only way in.

Oh that’s a bit more complicated. I thought it was just your house and your road but there are actually other families living there with access rights or ownership rights?

Have you got your documents with your deeds and rights from when you bought? It should have been made clear then.

As I explained in my original post. We bought the land to enable us to build a house on. We later sold two more plots which were also built on. All three homes use the road as the only access and egress.

I assume your solicitor can uickly get access to the Land Registry site, I can, and I am not a solicitor and get a copy of the plan for the land you own and the access agreement that must exist between you and the other house owners who need this road for access.

Presumably the road is therefore a private road, unadopted by the council and maintained by you and the other house owners who use it. It sounds as if this is a private road, and not part of the public highway. Could you put up a sign that says 'Private Road, Access only?

I would be chasing my solicitor up every day in your situation, to make sure they understand the urgency of the situation and are acting fast.

There is a sign up saying no parking, road for access only. They know this and are ignoring it. My solicitor has the details now of where the boundaries of my land are and where the road is situated. He is finding the names of the owners ( I believe there are 3 in it together) and will be issuing an order for them to desist using the road to access their land.

A solicitors clerk should be able to get a copy of the plan and deeds within a couple of days, I ordered a set last week and they were 2 days by post. The plan wont be enough, there could be right of access listed in the title deeds, even if it's not the main access to the other property.

If they don't have right of access you can say no, or negotiate a price for that right, so give in until you get the deeds

The first thing that you could do is park your own vehicle in front of your gate thus stopping anyone else putting something in that space and then carry on chivvying your solicitor, taking photos of anything and anyone who comes and should not be there and perhaps you might choose to lock your door and not answer for an afternoon if they knock.

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Doesn't reading your comment leave a message screaming in your ear......

CHANGE THE SOLICTOR - QUICKLY

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Plans and deeds can usually be downloaded immediately and cost very little. They are PDF's which you can print off or send on to your solicitor. There is absolutely no need to wait. Your solicitor is giving you the runaround. You can get a new solicitor without even visiting and send them the documents along with your identification documents. It is all very easy these days.

I investigated who’s it was and it was a man with a chain saw to take two trees down ready for the land being levelled

Were the trees on your land or in the garden of the other property where the new house is to be built?

Do the trees have a preservation order on them? The Tree Officer at your Council should be able to let you know if you email them. Ours did so within 24 hours by email.

Surely he cannot go shead eith anything until this issue is clarified. Police?

bobbydog24

Contact your Local Planning Authority asap.

If proper regulations and rules are not followed, or if work is carried out without permission ie from you, the owner of the road, then they can issue a notice to cease work immediately until further investigations are carried out.

I don’t understand the not knowing if the OP owns the road or not.

It would have been on the deeds when they bought the land together with any easements regarding access.

Then it would have been covered again when they sold land and access to the two other houses that were built there. So those people will have documentation too from their purchases of land, access and easements.

I just don’t understand the uncertainty.

Lathyrus3

I don’t understand the not knowing if the OP owns the road or not.

It would have been on the deeds when they bought the land together with any easements regarding access.

Then it would have been covered again when they sold land and access to the two other houses that were built there. So those people will have documentation too from their purchases of land, access and easements.

I just don’t understand the uncertainty.

I assumed the OP did not have a copy of her deeds, or could not find them.

But they could be uickly found on the Land Registry site

Yes, the deeds are key.

But from what she writes, is the road owned by her?

She says the refusal of the original plan was that the road was unsuitable for up to 12 vehicles, not that the first plan was rejected because the road was owned by her which obviously couldn’t have been included in plans if that was so.

I’m finding it hard to understand how there could be any question given the number of legal transactions that must have taken place over this bit of land. Surely when she sold land for two other houses beyond hers the question of ownership of access must have figured highly in the negotiations and planning permission.

bobbydog24 - I too am very out of the way with a private windy lane that descends onto the property. However, half way down the windy lane is a public footpath across a different farm and in the past ramblers have aimed for that footpath and missed it, continuing down and ending up where they shouldn't. The answer has been a very large farm gate for vehicles, and a smaller pedestrian gate next to that with many notices clearly stating private property. Nothing antagonistic like trespassers will be prosecuted but from the sounds of your situation with a man simply laughing at you that might be appropriate. You have to bite the bullet I'm afraid - tell your solicitor that if you end up with damage to your property you will hold him responsible as he's supposed to be acting to prevent that, and get several notices produced - this can be done overnight by professional signmakers - and put them where you believe your boundaries are, then take photos of these and the offending contractors. Good luck.