Decision details

East Herts Council owns the access road North Drive, High Cross. The road is not an adopted highway so is held by the council as a private road. The road serves a number of private houses on North Drive which are all in private ownership. Many of these properties, which date from the 1950s and 1960s, do not have express vehicular rights of way contained in their deeds or Land Registry title but are considered to have acquired an implied right of way due to the number of years residents have gained access along the road to their properties. Occasionally the council is contacted to grant an express deed of easement for access usually to satisfy mortgage lender requirements when a property is sold. The vendor of 31 North Drive has applied for such a deed following a request from their purchaser. Terms have been agreed for the grant of a deed of easement giving access along North Drive in favour of this property. The vendor will pay the Council £1,576.24 to cover the legal and surveyors costs involved in preparing the deed. Given the houses are considered to have an implied right of access no consideration is being charged to formalise this right.

Grant of a deed of easement for vehicular access in favour of 31 North Drive, High Cross in return for a payment of £1,576.24 to cover East Herts Council's costs.

Option 1 - The council could refuse the request - NOT RECOMMENDED - as this would be probably be considered to be unreasonable if the resident decided to pursue this through the legal system given the number of years the house has had the benefit of access without challenge.
Option 2 - grant the deed of easement for access for reasons given - RECOMMENDED.