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Council want to charge for using access road...Grrrr!!

Hi there, to the rear of my property was once a large open field which had an access road (dirt road - unmade) and a number of properties including my own erected garages. In 2003, the council used renewal money to landscape the area and construct a park with various play equipment. A part of this work involved the construction of a proper tarmaced access road.

Today, I have received a letter stating that I have no rights of vehicular access and will have to pay £75 a year or stop using the road.

I have lived in the property for 21 years with no problems and other have lived on the street for over 30 years with no problems.

Can anyone tell me if there are any laws governing this?

Thanks
«1

Comments

  • baggio_2
    baggio_2 Posts: 12 Forumite
    If you can prove continous use of the access for 20 years or more you may be able to use the law of prescription.

    Your other option may be to ask your council to negotiate a formal easement rather than an annual licence. This may be more expensive in the short term; however, it will provide you with a legal document proving that you have a permanent right of access over the land and is a lot better than an annual licence, which the Council would be able to terminate at short notice. I would also add that a formal easement would add value to your property and any solicitor or surveyor worth their salt would ask about any formal rights of access when you come to sell your property.
  • wobbley
    wobbley Posts: 1,965 Forumite
    Part of the Furniture 1,000 Posts
    I have spent the last few weeks researching exactly this topic. Everything Baggio says is correct. You would have expected their lawyers to know this so I can only assume they are trying to extort money from you and avoid you applying for an easment by prescription.
    Gather all evidence you can. old photos, statements from the longer term residents etc. Anything to prove you have been using it constantly to access your garage for at least 20 years. If the council start farting around or not being co-operative then just take the matter to a solicitor and ask them to apply for an easment for you all as a group. It may cost a couple of hundred but you could share the cost. I think you could do it youself if you contact the Land Registry. Their website is very good and they are extremely helpful on the phone.
    One thing you won't be entitled to do though is park on the road for any reason except loading and unloading. An easment will give you the right of access to your own garage but that's all. And it will not make it a public right of way either, it only applies to residents who have garages or land they need to access.
    Lots of useful information here -
    http://www.boundary-problems.co.uk/maineasements.htm
    Light blue touchpaper and stand well back !
  • wobbley
    wobbley Posts: 1,965 Forumite
    Part of the Furniture 1,000 Posts
    I just re-read your post and realised that I assumed you had built the garage on your own land rather than in the field, but you didn't actually say that. Is the garage within your boundary?
    Light blue touchpaper and stand well back !
  • Thanks for everyones reply.

    I have done some investigation using good old Google and have found an interesting test case (Bakewell Management Limited v Brandwood) that went to the House of Lords and overturned all other previous rulings. So basically, the way i read it, the council can perhaps prevent me from parking my car on their land (behind my garage) but NOT using the land to access my garage. In a nutshell, it wouldn't be worth their time trying to enforce the rules of parking on their land behind my garage (which is on my land).

    The best link to this information can be found at http://www.defra.gov.uk/wildlife-countryside/cl/hljudgment-letter.pdf and again read http://www.hammonds.com/FileServer.aspx?oID=21097. If you can't open the hammonds PDF file go to https://www.hammonds.com and search for "vehicular" and click on the link provided.

    Also, in cases where charges do apply, the recently introduced Countryside Act reduced the charges that can be made to persons who can be charged for their right of way...

    ...The Department made a judgement on these in the light of all the comments made. The objective was to strike a fair balance between the parties and to make the sum reasonable. For premises in existence on or before 31 December 1905, the compensation sum is 0.25% of the value of the premises with a right of access. For premises which came into existence between 1 January 1906 and 30 November 1930 the compensation sum is 0.5%. For all other premises the compensation sum is 2%. This information was sourced from http://www.opsi.gov.uk/SI/si2002/20021711.htm

    Hope that helps anyone in a similar situation.
  • baggio_2
    baggio_2 Posts: 12 Forumite
    You would still need to prove 20 years uninterruppted use of the access way and claim a right via the law of prescription - sometimes this is not the easiest thing to do and can also be expensive, especially if the local authority wants to push it - if they have just upgraded the access way, I would think that they want you and other users to contribute to the future maintenance of the lane.

    I would suggest that you speak to them on the phone and see how the land lies, if they don't think they have much chance of enforcing it, they will normally convenientally forget about it.

    However, as someone who has workjed in private practice and local government, I would always advise my clients to get a formal easement if the price is not too high.
  • Thanks for that Baggio, they tried to do this many years ago, apparently in the late 80's and, lucky for us, my next door but one neighbour has kept the original dated letter. Seems that last time our MP got involved and it was quickly quashed. However I suspect that from time to time this will rear its ugly head.

    What makes things worse is that us as neighbours regularly look after the park, removing broken bottles, litter etc and generally call the Police if there are any acts of vandalism or perhaps the boy racers have appeared.

    Its also rumoured that the land upon which the Council built the park once belonged to a local guy who emigrated and left the land in perpetuity to the local community. Therefore the land has been kind of adopted by the Council for leisure purposes. This is probably why it has never been occupied by houses. Unfortunately, I forsee identifying the true owner would be an expensive exercise.

    Anyway, all cards will be laid on the table tomorrow when I get to call the Council. If I have any news, I'll post it here.
  • star1_2
    star1_2 Posts: 424 Forumite
    Just read this ....

    The 20 year rule of "access" was established years ago (early 1900's - I think) in a precident case (Railways and someone - can't remember the exact name, and now don't have my Law study books any more!!)

    The only thing that people hav'nt mentioned and your solicitor has'nt mentioned - is the landowners right to charge for "reasonable up keep", if the council label the £75 charge, as a "contribution to upkeep" and not "an access charge" they might be able to get away with it....

    Hope that helps.
  • baggio_2
    baggio_2 Posts: 12 Forumite
    star 1 - I think you will find that I did mention the maintenance issue regarding the lane and this probably the reason why the council have suddenly made an appearance.

    bobobrussel - I would not stress too much as I have dealt with thousands of these types of cases and I can guarantee you that the council will not be too draconian with their actions - to put it crudely they are trying it on.
  • rsvtoddy
    rsvtoddy Posts: 245 Forumite
    Part of the Furniture 100 Posts
    Section 68 of the CROW act is being abolished - check the Commons Bill that was given Royal Assent at the end of July!!!

    I know this as I currently have a case awaiting hearing before the adjudicator to the Land Registry regarding a prescriptive easement application across village green.

    Any further assistance I can offer please ask!
  • The Council may offer access but then dig in their heels on parking. However, I have now found out there is such a thing as parking easement through prescription. Is this true?
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