Buying council land for parking...

jo5ephedward5

Hi,

I’m in the process of negotiating a small strip of land to the side of our house – it’s been subject to anti-social behaviour, fly tipping and we’ve recently been broken into – oddly it’s a nice area but we seem to have the only dark nook in the neighbourhood so I’d like to ‘plug the gap’ and create some off road parking.

Anyway, from looking at the OS maps it appears to have been a footpath at some point, however there are at least 3 properties who have extended their garden into the footpath and blocked it off – there are also 3 properties who have put back gates from their gardens and there is a storage unit which is not used but exits into the space – I’m trying to find the owner.

There is also a manhole, which I’m assuming will require access.

The council seem open to selling it to us to use as a parking spot – as part of this I’d want to put a gate up as a deterrent from tipping etc but in doing so I’d be blocking off peoples rear gates – in a situation where I own the land where would I stand with this? I’m assuming I’d need to provide access to the storage which is easy as I can just set back my gate slightly.

I guess I’ll also allow access to the man hole, is this possible when you have a gate or are you obliged to provide unobstructed access at all times? And then theirs the neighbour with their back gates which they shouldn’t have really installed – I don’t mind them having access but again wondered how the paperwork gets tied up

J

Guest101

A camera & motion detectors will do more than a gate will I suspect.

But i guess you're asking if there's a right of way? Probably. A planning notice should catch any complaints early on.

jo5ephedward5

Hi, I guess that is what I was getting at lol - I'm assuming I could buy the land then apply for permission to include it in my curtilage after the sale is finalised.

You're right though, even lighting it will improve security...I suppose the gate would stop other people using it to park which they do regularly.

Guest101

jo5ephedward5 wrote: »

Hi, I guess that is what I was getting at lol - I'm assuming I could buy the land then apply for permission to include it in my curtilage after the sale is finalised.

You're right though, even lighting it will improve security...I suppose the gate would stop other people using it to park which they do regularly.

1: start a limited company
2: put up a sign saying private parking blah blah blah £25 parking charge notice
3: register with the BPA
4: cash in

eddddy

In terms of the neighbours' gates - you cannot block the route if they have rights of way. It's a bit of a complex area, but reasons they might have rights of way include...

- it's documented in the properties' deeds
- the neighbours have used the route unchallenged for 20 years
- the council dedicated it as a right of way

If there are rights of way, I guess you can still put up an unlocked gate. Or if you definitely want to lock the gate, perhaps giving keys to each neighbour might be an acceptable solution.

It's probably best to discuss with the council.

But I expect they will sell it with no warranty about what rights of way may, or may not, exist.

moneyistooshorttomention

...and, if its on an OS map as a public ROW, then be prepared for people deciding to use it as one again.....

I'm guessing that that Council person who is discussing this with you hasn't checked that map - and is living in sublime ignorance that they could well be due for a "rocket up the backside" at some point for not having done so...

jo5ephedward5

ah yes we're expecting them to halt the process at somepoint on the basis that this clearly used to be a footpath - I've got no problems with easements, I don't believe the gates are in the deeds but we think they've been there for about 20 years, which is probably about the time the neighbours 'pinched' the footpath for their gardens and stopped the through route.

An unlocked gate would be fine, that said just the ability to park there would be a bonus and would make the land appear in use as at the moment it overgrown with little surveillance. I don't want to start maintaining it if I can't use it - I'll keep you posted.

Davesnave

You will be obliged to allow access to the inspection cover, especially if it is for a public sewer, and like the people within whose gardens the footpath now passes, you would be wise to allow access on foot. A stile or kissing gate would cover all that, without allowing vehicles in.

Davesnave

moneyistooshorttomention wrote: »

...
I'm guessing that that Council person who is discussing this with you hasn't checked that map - and is living in sublime ignorance that they could well be due for a "rocket up the backside" at some point for not having done so...

Why? It's no different from any other sale. All rights, responsibilities and easements on the title will be transferred with the property.