right of access

Wig

If others have been using your land for 20+ years for example to do a 3 point turn and then drive out again. Can you just put a gate accross?

If you do can they take a class action case against you and who will win.
Lets assume there has been no application to the land registry for a right of way to be granted.

If they were to apply to the land reg for a right of way would it be granted even though the land has been gated recently?

Alias_Omega

Have you got a postcode so we can see it on the google map, also is there right of way just to turn round.

I think the map would show us what you mean.

Doozergirl

I suppose you could always start with cones and a sign that say 'private property - no turning' and then buy gates if your neighbours don't go crazy and threaten to sue.

Does it really matter if people are turning around? I think life is too short, personally.

Alias_Omega

Id still like to see where we are questioning..

google do a nice photographic map..

you can see my car clearly.

BASFORDLAD

who will win?
Thats like asking what are the numbers of the next lottery going to be?

Wig

BASFORDLAD wrote: »

who will win?
Thats like asking what are the numbers of the next lottery going to be?

No, I'm asking for the odds of.... for example the lottery the odds of the lottery are about 14,000,000:1 so you are likely to lose the lottery if you play.

I can give you an image


There is no right of access in place for the neighbours...there is for the council but that is another story and another question. The road is not adopted from the end of the last house/beginning of the garagebuilding (you see the line in the highway tarmac perpendicular to the house.) The turning circle is all private property.

The reason I can't just let them continue doing so is because
1. I would wish to develop the area with a house extention
2. turn part or all of the turning circle into a garden
3. With a gate across the property would be easier to sell and the value would be increased.

* Because of the right to access the council has the gate would remain unlocked.

Debt_Free_Chick

Wig wrote: »

If others have been using your land for 20+ years for example to do a 3 point turn and then drive out again. Can you just put a gate accross?

Some information here. Yes, you can put a gate across, provided the gate is wholly on YOUR land. You only need to give others access via the gate if they already have that right of access. Which leads us on to ....

If you do can they take a class action case against you and who will win.

In theory, yes. But they will need to have very firm evidence, in the form of witness statements, showing that they have had continuous, unobstructed access without any interference or objection by the landowner.

Lets assume there has been no application to the land registry for a right of way to be granted.
If they were to apply to the land reg for a right of way would it be granted even though the land has been gated recently?

They don't apply to the Land Registry - I think it would need to be a private Court action (or even the Highways Authority if they are claiming a public right of access). However, the 20 year period runs backwards from the day you first obstruct their access. Essentially, they claim that blocking the access is unlawful, as their right has existed for the last 20 years.

Is the area you are referring to the part with the two red cars and a white one on it? At the top of the photo?

Debt_Free_Chick

Looks possible that you might be alright ...... see here

Might be worth a couple of hundred quid getting your solicitor to advise you on this To be honest, unless there is someone here with real knowledge, I wouldn't rely on the musings of me and other well-meaning MSErs who are trying to understand what is clearly a very complex subject

rjm2k1

You could always put up a small sign saying private property, no turning and see what happens.

silvercar

How can you build an extension or turn the turning circle into a garden if the council has right of access.

I'm assuming the council right of access is to allow the bin men to turn their trucks around (though it could be for drain/ sewer access). In which case, although they only need a certain amount of room to turn, if they have the RIGHT to turn anywhere you can't do anything with the land.

Doozergirl

Is it the section that debt_free_chick described? can you even turn a car around in the main lane?

If it is that section and it is not easy to turn in that lane, I would expect any of your neighbours with legal cover attached to their insurance policy to pursue the matter. If and when you came to sell, you would have to declare that. If you extend etc. how will the people from your house be able to turn around also?

If the bin men cannot turn, you will all be dragging your bins to the end of the street forevermore. Certainly happens in my part of the world.

I wonder if you could try the forums at www.gardenlaw.co.uk as well, but without a doubt, you need to seek proper legal advice before you do anything. That doesn't look to be the sort of thing that neighbours will just accept!