Purpose

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.

Decision

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.

Alternative options considered

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.