Where do I stand?

wlfc1

Not sure if this is in the right place?

I own a house that has a piece of land at the rear of the property that has a concreted area suitable for 4 cars to park, however, in order to access the area I need to cross/use land owned by the railway, the railway company, there are approx 7 other houses that use the same land to access the rear of their property.

The railway company issue a yearly licence to use their land, however, when we moved to our house approx two years ago the railway company increased the licence fee from £10 (the yearly fixed fee that previous owners had to pay) to £156 rising yearly inline with inflation, ok the fee isn’t exactly breaking the bank, but I really don’t think it is fair that all 7 home owners pay varied amounts for using the same piece of land, worse still, that my next neighbour has told me that he hasn’t paid in 15 years and hasn’t heard a thing !

After hearing about the differing arrangement fees and in the case of next door, no payment at all, I decided to inform the rail company that I no longer wanted the licence due to unfair and differing arrangements between all the adjacent households using the land, my concern is that they have written to me today and asked me to erect a fence at the rear of my property to prevent me from using the area to park my car.

Can anyone tell me if they are allowed to request this? And also what action could they take if I continued to park on my land (obviously I would need to use their land to access my property). Any advice welcomed.

Thanks

Andy_L

They could do you for trespass. As it's railway land that might even be criminal rather than civil - although that might just apply to track areas.

hollydays

Ok,i know you have said all homeowners pay different amounts,but did you sign a contract agreeing to these terms.What seems to have bothered you more is that one of your neighbours isnt paying at all-forget that is unfair-you may stir open a can of worms with your neighbours that could cause you even more problems.Their failure to enforce payment is not your problem,IMHO

wlfc1

hollydays wrote: »

Ok,i know you have said all homeowners pay different amounts,but did you sign a contract agreeing to these terms.What seems to have bothered you more is that one of your neighbours isnt paying at all-forget that is unfair-you may stir open a can of worms with your neighbours that could cause you even more problems.Their failure to enforce payment is not your problem,IMHO

To be honest, we had to agree to the terms of the licence when we moved in to the house or they wouldn’t issue the licence, we weren’t aware that all the residents were paying different amounts (and at least 1 neighbour not paying at all).

It cannot be right for them to ask us to erect a fence, fair enough if they want to put one up

The house is on the market anyway, so it might be a case of parking on the road for a few months.

dragonsoup

If you are trying to sell I'd just pay up quietly and forget about it.

As a prospective buyer I wouldn't touch any house with an access dispute with the proverbial bargepole.

wlfc1

dragonsoup wrote: »

If you are trying to sell I'd just pay up quietly and forget about it.

As a prospective buyer I wouldn't touch any house with an access dispute with the proverbial bargepole.

There is no dispute about access, access is available to the owner of the property via a licence from the railway, there is no dispute that it won’t be available to the next owner, I am just choosing not to pay it, its not a fact of access is being denied, I am just choosing not have it. This can be simply confirmed.

yeslek

if your moving and your that bothered just dont pay.

then if they quiz you, mention the non-paying resident. play dumb and say you thought that was the new charge - £0


thats what i'd do
but of course it depends how legal you want to go etc.

hollydays

Have to question your timing in doing this with your house on the market.Legally,you are supposed to inform buyers about neighbour disputes,not sure if this includes all disputes.I could be wrong,but i think they can ask you to put up a fence,if you dont pay,i dont see how they can make you,but if you dont they may erect their own fence.Think i would pay and forget it.

nobblyned

If you want to use the access pay. If you don't want to don't pay. If you feel the rate is unfair you could attempt to negotiate, but really what others are paying is irrelevant.

They have no right to ask you to erect a fence on your land as far as I know. If you choose not to pay they may, of course, choose to erect a fence of their own. This might make it more difficult to sell as prospective buyers will want to know why the parking space is fenced off and may suspect there could be costs with respect to getting the fence down and the license re-issued

wlfc1

hollydays wrote: »

Have to question your timing in doing this with your house on the market.Legally,you are supposed to inform buyers about neighbour disputes,not sure if this includes all disputes.I could be wrong,but i think they can ask you to put up a fence,if you dont pay,i dont see how they can make you,but if you dont they may erect their own fence.Think i would pay and forget it.

Well it seems unfair to me, but as you say the “timing” IS the issue, OK probably best to swallow my pride, pay up and move on.

Thanks