Parking - private property

Strapped

One of my neighbours has just come and handed me a letter announcing that they and another three sets of neighbours have bought half the lane in front of our house (from the developer of their four houses opposite) - where I normally park my car. In this letter it states that they are having their part re-tarmaced and will be putting up "residents only" parking signs, and that we are no longer to park there.

I have previously spoken to the Council about this as I suspected it might happen, and they advised me that they couldn't see on their maps any distiction between the Council owned side of the lane and the privately owned side, so I could park where I liked.

Who is right? Can they stop me parking there? How?

Also, to complicate matters one of the neighbours had previously told me that if this happened, they wouldn't mind if I continued to park there. What if she doesn't mind but the others do?

ETA: I could park on the "Council owned side" but that would block it if someone then parked on the retarmaced bit.

At the moment I'm thinking "park and be damned" but what would be the consequences, if any (apart from annoying the neighbours)?

Zazen999

Are the council going to patrol the road? Or will they hire private clampers?

Strapped

In the letter it just refers to "residents parking only" signs and that they will be monitoring the situation carefully. No mention of how/who by. I know it won't be Council; they're not bothered about (even amused by) the whole thing.

Zazen999

In that case, unless they hire clampers - then you are probably ok. And park on the council owned side, just to be 'on the safe side' so to speak...

I'd ask the council to comment on the letter now that you have it.....I am sure someone with actual knowledge about these things will be along later.

Gloomendoom

Ask the council if the lane is on their 'List of Streets' and ask to see the maps they are referring too. If they are reluctant you can submit a request under the Freedom of Information Act. If it is on the List of Streets then it is almost certainly a public highway. They are technically committing an offence if they disturb the surface of a public highway or obstruct it in any way (like covering it in tarmac or erecting bollards, for example). That usually includes the grass verge too, if relevant.

Strapped

Gloomendoom wrote: »

Ask the council if the lane is on their 'List of Streets' and ask to see the maps they are referring too. If they are reluctant you can submit a request under the Freedom of Information Act. If it is on the List of Streets then it is almost certainly a public highway. They are technically committing an offence if they disturb the surface of a public highway or obstruct it in any way (like covering it in tarmac or erecting bollards, for example). That usually includes the grass verge too, if relevant.

Our houses used to be the end of the village, then there was a single-track lane, and fields. Then these four houses were built in the field opposite; they have a shared drive, but the entrance "splays" out to abut the original lane, if you see what I mean, effectively widening it. There is no obvious division at the moment (so who knows where the boundary is). There is a telegraph pole and a street lamp on the bit that is supposedly "private" too.

mikey72

Don't you also have rights if you have been using the land for whatever number of years?

Strapped

mikey72 wrote: »

Don't you also have rights if you have been using the land for whatever number of years?

I wondered about that. The houses were built 10 years ago. We've lived here 3 years and always parked there (and the people here prior had a horsebox parked out there permanently).

Strapped

The plot thickens. The tarmacers were here bright and early this morning. Our neighbours further along the lane, who have been here 19 years, confirmed that they have personally been using that part of the lane for that time, as did the people before them - so it's a public right of way (20 years gives this apparently. I got it wrong about how long the houses have been there.). I know that that still doesn't confer the right to park there, but at least we can turn around.

jb66

You are a resident so if they put up a "residents only sign" then thats fine

Strapped

Not of their little close though! Anyway, I think that we can now safely park on the Council side, and people can get round us by driving on the public right of way over their new tarmac.