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

star1_2

baggio wrote:

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.

yes - you made brief mention, but did not specically refer to the charge being "labled" as maintenance (only suggesting you "think" the council want the OP and others to fund maintenance). I was drawing the attention of OP to the fact that if the council "specifically" refer to the charge as "maintenance" they can probably get away with it.

It's also worth mentioning, the owner (person or body) responsible for the upkeep of the "right of way" has the right to impose "reasonable" maintenance/upkeep charges at any point (not especially related to any recient improvements) by giving notice to any users, although they are not normally allowed to impose these retrospectivly for too longer period of time (this can be a minefiled when bills are sent for use of a right of way, for years previously ... and probably another seperate thread !!!)

Those being charged of course have the legal right of recourse if any "un reasonable" charges are being levied in respect of maintenance, and if requested the owner (or body responsible) would have to prove costs (actual or anticipated), in respect of "reasonable" upkeep of the "right of way".

If this does end up being one of a "maintenance charge" for uses of the "right of way" .... Hope that helps.