Paying for Access

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Thursday 29 November 2012 10.27am
I live next door to a pub which is soon to be developed into flats. Between my property and the pub there is a private driveway which is owned by myself and others in the block that I live in. The developer wants temporary (approx 9 months) access to the back of his property using our private driveway for construction traffic, builders etc etc.

Has anyone any idea how much we should charge him for this access. Also any advice regarding granting him temporary access would be much appreciated.

Thanks and regards
Alex.
Thursday 29 November 2012 11.57am
You may want to consider a damage claws aswel just in case the road gets damaged with heavey goods vehicles etc.
Thursday 29 November 2012 12.07pm
Thanks Pops, that's a very valid point. I will remember that.

Regards
Alex.
Thursday 29 November 2012 5.34pm
Also consider inconvenience etc into the pricing, is it just access for workmen, or do they plan to use it for skips etc. will anything be left on your property during the project?
Zoe
Thursday 29 November 2012 6.26pm
You should ask for the road equivalent of a party wall agreement (where a surveyor assess at the start and end of the process to check for damage).

If they can't do the work without access then you can charge quite a lot, as you hold the ace card. I believe this is called a ransom strip by Councils and they tend to ask for a lot.
Thursday 29 November 2012 7.05pm
As Zoe says, you hold the ace card.
Some years back a developer acquired some land adjacent to the road I lived in. There was only one possible access route, and a bungalow stood in the way. The old bloke who owned it refused to sell until the developer paid him way over the market value of the property so that it could be demolished to create the access. I suspect he enjoyed a very comfortable retirement.
Opportunities such as yours don't come along that often. Make the most of it.
Friday 30 November 2012 9.24am
Thanks Zoe,

Some very good advice which I will follow up.

Regards
Alex.
Friday 30 November 2012 9.26am
Thanks Chalkey,

After reading the replies (thanks one and all) I am feeling more confident about what needs to be done and what it is worth to the developer.

Regards
Alex.
Friday 30 November 2012 9.33am
As this can become quite a moneyspinner I would suggest that the answer is simple, get professional advice from solicitors and surveyors because you will be up against professionals.
Developers are not known for their generosity or magnanimity but they do tend to know what they can get away with especially at weekends and bank holidays so be very careful in your dealings with them
Friday 30 November 2012 6.48pm
And be careful as regards liability for personal injury etc. If you are taking money from developers to allow them to use your land and someone injures themselves, you could be held to be vicariously liable under the Occupiers' Liability Act. I'm not sure whether such a claim would succeed, but I would certainly err on the side of caution if I were in your shoes. I suspect a letter from the builder confirming that they will indemnify you in such a event would cover you, but you might like to check
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