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Reserved Road Inquiry | Access to Jamaican property via a reserved road
by Mrs Walton
(Jamaica )
Another great question came in. This time from Mrs Walton with a genuine concern about access to the property via a reserved road. I shared my limited knowledge, but also referenced available literature, in addition to professional advice. Read below for more.
Here's her question...
Good afternoon, we purchased a property that a subdivision that had been made years prior to our purchase.
On the subdivision plan, there is a reserved rd, that was taken of this property for access to theirs, it runs along the entire side of our property.
The neighbour is now refurbishing their property, and they have not put a gate at the beginning of their property, but 3/4 way down on the reserved rd, stating that it is their access way.
We agree, but as I understand it, a reserved road means access to both properties.
Kind regards
Mrs Walton
ANSWER: by Wellesley
Hi Ms Walton,
Thanks for asking!
I have little credentials and experience in real estate but from my experience, no individual owner in a subdivision can fence any section of the reserved road to restrict another from using it.
In fact, according to Craig Francis, a commissioned land surveyor, writing in a Jamaica Gleaner article, titled, 'A Matter of Land | Private road, reserved road and a right of way',
'A reserved road is a portion of land in a subdivision designated to be used as access to lots.
This road is not owned by any one person. The ownership is usually in the name of the developer. No one owns the reserved road and, therefore, does not have sole right to use, access and enjoyment of it.'
I also directed your question/concern to a legal advisor and friend, Lisa Campbell.
Below is her response.
"The parish council when granting subdivision approval would normally indicate where the entrance to each lot is to be located. The first reference point would, therefore, be the subdivision approval".
So my question to you is, 'Do you have a copy of the subdivision approval?'. It sounds like you do. If you do, please review or have someone review it for you to determine same.
I hope this helps. Good luck and all the best.
Of course, if you need any additional advice you can always reach out to Lisa directly.
Her contact information is below.
Lisa C.A. Campbell
Attorney-at-Law
Suite 39 Winchester Business Centre
15 Hope Road Kingston 10, St. Andrew
Phone: 876-908-1950, 876-908-3518
As usual, I welcome your comments here.
Regards,
WG
P.S. We've answered HUNDREDS of questions, click here and here to get even more answers.
Reference:
"A Matter of Land | Private road, reserved road and a right of way", Jamaica Gleaner, Retrieved on August 8, 2019 from http://jamaica-gleaner.com/article/news/20180211/matter-land-private-road-reserved-road-and-right-way
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