Is this legal

Silver-Surfer_2

shaun_from_Africa wrote: »

That is wrong. There is a general right of implied access to any private residence in the UK.
This is why if you want to stop people from setting foot on your property, you have to inform them that their right of implied access has been removed. Why would you have to do this if that right never existed in the first place?
In order to remove this ROIA, you have to send or display a notice removing this right.

There is plenty of relevant case law showing this.

http://info.fmotl.com/RemovalOfAccessRights.htm

Do you have anything relevant to the road traffic act?

Wig

Rover_Driver wrote: »

There is:
Right of access - a legal authority to access, or,
Implied access - expected or assumed authority to access.


Unless there is legal authority, there is no right of access to a private residence.


It is the implied access authority that can be revoked by notice.

There is an implied right of acess unless there is something which removes that implication, i.e. you give notice to a particular person to remove that right, or you have a fence or other impassable boundary around your property and you have a gate which is locked.
Or you have a notice at the entrance to your land which states something like "Removal of implied right of access. Absoultely no one is permitted to enter these premises for any reason without the prior agreement of the landowner - no callers permitted."

I can walk along a street in the UK and I can walk down any driveway I feel like, I can open a gate and walk down the drive if I wish, I can then knock at the front door or ring the bell on the door and chat to the resident when they open the door. And there is nothing anyone can do about it (the first time). The implied right of access is an open driveway with no lock or boundary impeding my access and a path leading to the front door usually with a fitted doorbell or knocker.

A quick google found this for you
http://info.fmotl.com/RemovalOfAccessRights.htm
Mind you that page states that someone can still climb over a wall or fence and enter as long as no damage is caused, so it would appear simply locking your gate and having a fence is not enough to remove the Implied Right of access.

Silver-Surfer_2

Wig wrote: »

There is an implied right of acess unless there is something which removes that implication, i.e. you give notice to a particular person to remove that right, or you have a fence or other impassable boundary around your property and you have a gate which is locked.
Or you have a notice at the entrance to your land which states something like "Removal of implied right of access. Absoultely no one is permitted to enter these premises for any reason without the prior agreement of the landowner - no callers permitted."

I can walk along a street in the UK and I can walk down any driveway I feel like, I can open a gate and walk down the drive if I wish, I can then knock at the front door or ring the bell on the door and chat to the resident when they open the door. And there is nothing anyone can do about it (the first time). The implied right of access is an open driveway with no lock or boundary impeding my access and a path leading to the front door usually with a fitted doorbell or knocker.

A quick google found this for you
http://info.fmotl.com/RemovalOfAccessRights.htm

You've done it too.

Find something relevant, that link refers to a bailiff executing their duties. If I came into your home without an invite or authority I'd be trespassing. Same as if I decided to park on your drive.

Why do you think the road traffic act makes mention to road or public place? If it meant anywhere it would omit those words.

Wig

Silver-Surfer wrote: »

You've done it too.

Find something relevant, that link refers to a bailiff executing their duties. If I came into your home without an invite or authority I'd be trespassing. Same as if I decided to park on your drive.

Why do you think the road traffic act makes mention to road or public place? If it meant anywhere it would omit those words.

This has nothing to do with RTA, the implied right of access you give anyone to walk down your driveway, or even park on the drive for the purposes of calling at the front door is the very fact that you have an open access to your property and a front door on which to call.

I didn't say "into your home" I am saying "to call at your door"... of course you can revoke the right of implied access by asking the caller to leave.

Rover_Driver

Wig wrote: »

A quick google found this for you
http://info.fmotl.com/RemovalOfAccessRights.htm

That is about implied access - removing the expected or assumed authority to access where there is no right of access.


Unless you had right of access, you would not have the authority to walk down any driveway you feel like, open a gate and walk down the drive if you wish.
It would be implied access, if there was expectation that the landowner would authorise your access, otherwise it could be trespassing.

Silver-Surfer_2

Wig wrote: »

This has nothing to do with RTA, the implied right of access you give anyone to walk down your driveway, or even park on the drive for the purposes of calling at the front door is the very fact that you have an open access to your property and a front door on which to call.

I didn't say "into your home" I am saying "to call at your door"... of course you can revoke the right of implied access by asking the caller to leave.

I'd beg to differ since we're discussing cars, insurance mot and ved.

Justice13075

This is the original post
"A few doors down the neighbours son has moved his car out the drive and into the road to repair it, I know for a fact it has no MOT or Tax but is insured. He has the front wheels off the ground on axle stands, hes a nice pleasant lad and I would not want him to get into trouble, but he seems to think or has been informed that its legal as long as the driving wheels are not touching the road is this correct"
It needs insurance tax an an MOT if it is parked on a public road
END OF

Justice13075

It is also Illegal to park your car on your driveway or garage without insurance unless it is SORN.

Continuous Insurance Enforcement came into force in June 2011, making it a legal offence to keep a vehicle without insurance unless you have notified the DVLA that your vehicle is being kept off the road by way of a Statutory Off Road Notification.

Mentions nothing about being parked on a road or in a public place.

Silver-Surfer_2

Justice13075 wrote: »

It is also Illegal to park your car on your driveway or garage without insurance unless it is SORN.

Continuous Insurance Enforcement came into force in June 2011, making it a legal offence to keep a vehicle without insurance unless you have notified the DVLA that your vehicle is being kept off the road by way of a Statutory Off Road Notification.

Mentions nothing about being parked on a road or in a public place.

That is because it's continuous insurance rules and not a road traffic offence.

Rover_Driver

Silver-Surfer wrote: »

That is because it's continuous insurance rules and not a road traffic offence.

It is an offence contrary to s.144A, Road Traffic Act 1988.