A landowner has raised concerns over roadworks linked to the major Three Oaks housing development on Horsebridge Hill, which he says have been carried out without permission – but Island Roads says his ownership only extends to the sub-soil beneath the carriageway.
John Franco sold part of his land – previously known as Acorn Farm – back in 1984. That land was later purchased by property developer Captiva Homes for the construction of the 131-home Three Oaks development.
As part of this new development, a section of the road on the southbound carriageway between Cowes and Newport is being widened to accommodate a new access road. A section of the widened road is located on land that Mr Franco still owns, which doesn’t form part of the development.
A ‘David and Goliath’ legal dispute has now erupted as the landowner claims these works were started without any prior notification, just a few days before the controversial Horsebridge Hill one-way closure was imposed last month. Despite Mr Franco’s protestations, work has continued in the weeks since.
Back in April, Mr Franco was contacted and asked to remove dead elm trees from the same stretch of land – a request he complied with without issue. This seemingly confirms that Island Roads knew of his ownership and how to contact him.
However, Island Roads has stated that no notification or permission was required, as the access works are being carried out ‘within the confines of the adopted highway network’ and Mr Franco’s ownership only covers the ‘sub-soil’ beneath the carriageway.
Following the reopening of the road over the weekend to allow for the extra congestion as a result of the Isle of Wight Festival, Horsebridge Hill was closed completely again yesterday morning (Tuesday). Works continue.
In response, a spokesperson for Island Roads has told Island Echo:
“All access work on the public highway in relation to the Three Acorns development at Horsebridge Hill is being carried out within confines of the adopted highway network.
“[Mr Franco] has previously been asked to deal with trees that were rooted on his land because they were deemed in very poor condition and posed a risk of falling onto the highway.
“It is possible for landowners to show on their deeds that they own the land up to the centre of the Highway. However, this means they simply own the ‘sub-soil’ below the highway so any such ownership would not prevent highway work of this nature. Any encroachment onto private land during these works is a civil matter.”
Island Echo understands the National Farmers’ Union (NFU) has been informed, and several Isle of Wight councillors have also been notified.
The works to widen the carriageway have been partially completed but Mr Franco ensures Island Echo that he is not done fighting yet…
So by covering the area with highways tarmac they are restricting Mr Franco’s access to his sub-soil?
surely if he owns the sub-soil,. he could dig it out from underneith their road!! “This sub-soil is mine & I’m taking it”….
I don’t profess to know the laws regarding this type of “Land Ownership” dispute, but what I do know is how ridiculous it sounds???
Ownership of the subsoil only? Seriously?? Who makes this stuff-up? A quick Google search reveals that , generally, “…Subsoil starts 200-300mm below the surface and and extends to parent rock or bedrock, which can be several feet..”
Perhaps Mr Franco ought to find out if there are any utilities running through his subsoil and seek action against them? And knowing John he probably will!!
Island Roads seem do as they please, not just in this instance. I cannot remember voting for them to have this about of power.
Good for him, people think they can walk all over you? Let’s see what happens?
Love all these comments , Island roads just bend the rules to suit themselves, i hope he cripples them in a court . Franco has a bit of clout so hopefully they have picked on the wrong person
No chance beating a Government run organisation
IW Council.
Nice try.
Land grab pure & simple. Island Roads are acting like settlers. I hope Mr F wins a substantial payout from them in court.