Absence of easement-HELP!

Misspoppins

Davesnave wrote: »

Why guess?

OP has stated quite clearly that all the people in the houses and some of the people in the bungalows around the green drive over the grass to access their properties.

Therefore, I doubt if anyone needed to convince her that it was OK, because clearly it has been allowed to happen for some time, without the council stepping-in and preventing it.

I think some of you here are being over-harsh, as the OP was at least trying to formalise the situation, though it is not clear whether she did this in connection with the sale process or at some earlier time.

Thank you, you are correct and no I had previously done the application before looking to sell, but circumstances have changed and I now need to move otherwise I would have waited. I am also not asking any more for the property than I bought it for as someone was saying.

bouicca21

Actually I'm still a bit puzzled. If all the house owners are driving over the grass how come there is any of the green left? Do they all take the same route across? Or is it just something like a big verge?

Davesnave

moneyistooshorttomention wrote: »

I don't personally think its harsh to state that a public green is a public green and that means feet are the only means of getting across it.

Are you sure?

Where I used to live, some of the expansive greens, built in the heady days of post-war optimism as part of new estates, have now been built on, let alone had the odd road and car park carved into them.

Perhaps you are imagining a village green, while I am imagining a council-built estate.

I don't know which of us is right. Maybe the OP will enlighten everyone?

Misspoppins

It's a large green not just a grass verge, it's a big square with bungalows around one side and houses along the other. Also yes cars tend to take the same route on it.

Misspoppins

Yes it's a council owned estate previously . Nothing like the nice big village greens in leafy suburbs just a green from a normal council end of culasac street.

moneyistooshorttomention

Misspoppins wrote: »

Yes it's a council owned estate previously . Nothing like the nice big village greens in leafy suburbs just a green from a normal council end of culasac street.

Which could still be quite a nice big green.

I can think of a Council estate near me where I was considering buying a house when I came here - and a large part of the reason was the nice big green that some of the houses were clustered around. The thought never crossed my mind for one minute that car-drivers might try and drive across it and I'd have commenced action to stop them as soon as I had moved in if I had found they were doing so.

silvercar

moneyistooshorttomention wrote: »

Which could still be quite a nice big green.

I can think of a Council estate near me where I was considering buying a house when I came here - and a large part of the reason was the nice big green that some of the houses were clustered around. The thought never crossed my mind for one minute that car-drivers might try and drive across it and I'd have commenced action to stop them as soon as I had moved in if I had found they were doing so.

In all honesty, if you had been serious about buying this property, you would have visited more than once and spotted the potential problem.

There is an odd shaped cul-de-sac near me, that did have 2 squares of green with houses on 2 sides. The residents complained of lack of parking etc and the council turned one of the greens into a row of parking bays.

There is also a straight cul-de-sac where the end tapers to provide 2 rows of houses facing each other across a green. Over time the houses that are on the green but near the road have fashioned driveways across the edge of the green and clearly dropped kerbs in a diy manner (as none of the edging stones match).

Once people can prove this has been going on for a number of years there is little that can be done to stop it.

Davesnave

silvercar wrote: »

In all honesty, if you had been serious about buying this property, you would have visited more than once and spotted the potential problem......

Once people can prove this has been going on for a number of years there is little that can be done to stop it.

Exactly. We are considering a place where the majority of people have created a means of access for their vehicles in order to get over a situation not originally envisaged by the planners.

Only a fool would move into such a place and immediately attempt to upset the status quo. Instant pariah status would be guaranteed.

It's obvious that the council are aware of the situation and, for their own reasons, choosing not to notice. It is certainly the cheaper option, which is the one usually favoured today.

moneyistooshorttomention

silvercar wrote: »

In all honesty, if you had been serious about buying this property, you would have visited more than once and spotted the potential problem.

There is an odd shaped cul-de-sac near me, that did have 2 squares of green with houses on 2 sides. The residents complained of lack of parking etc and the council turned one of the greens into a row of parking bays.

There is also a straight cul-de-sac where the end tapers to provide 2 rows of houses facing each other across a green. Over time the houses that are on the green but near the road have fashioned driveways across the edge of the green and clearly dropped kerbs in a diy manner (as none of the edging stones match).

Once people can prove this has been going on for a number of years there is little that can be done to stop it.

Until I've caught 'em at it - or read a thread about it on MSE:cool: - then I can still miss realising what some other people will get up to. Yes...I know...I know...its still possible to be a bit naïve/thinking the best of people at times even at my age:o

So - nope...I would have just thought "nice green space" and been picturing maybe having a bit of picnic lunch/kick-arounds of a ball/etc with friends/neighbours. My mind would have been a lot more on the theme of social stuff all round - street parties maybe, etc.