Service strip

1flop

I bought a property with a service strip to the side front the council have allowed person fron another street to put a gate on our boundary and allowed him to drive his car out onto our cul de sac across this access strip The gate is in a at the bottom of my steep drive and neither I or neighbours consulted or informed prior to council consenting. Council say I still own the strip but they can do what they want with it. This gate has restricted parking on the road and devalued the properties on our select cul de sac. Council say no appeal and no condults9was required. Help

AdrianC

Can you show us an illustration of what you mean?
Are we talking about an adopted public road?

user1977

When you say "the council have allowed", is the council the neighbouring land owner? Or do you just mean they've given planning permission or some other sort of consent?

What exactly do your titles say? If you own the strip then no, the council can't "do what they want with it", they can only exercise whatever rights they reserved (if any) in your title.

eddddy

Service Strips are generally stips of land between the road and the boundary of properties, owned by the council. So if you have a drive, you would drive across the Service Strip to get from the drive to the road.

I guess you're complaining that somebody else has started driving across the Service Strip - possibly from the back garden of a house in another road.

Is the road adopted, and has the council installed a dropped kerb? If so, that person is doing nothing wrong.

The council should have done an assessment before installing a dropped kerb - to make sure it was safe etc.  Typically, it wouldn't reduce parking - even if an on-road parking space was lost, one or more off-road parking spaces would be gained.

Or have I misunderstood your situation?

Why do you feel it's devalued your properties?

Soot2006

Sounds like permission was granted for a dropped kerb to access the back of someone's property (house on another street backing onto the cul de sac?) ... driving over the OP's land?

eddddy

Soot2006 said:

Sounds like permission was granted for a dropped kerb to access the back of someone's property (house on another street backing onto the cul de sac?) ... driving over the OP's land?

If they're driving over the OP's land - it's nothing to do with the council.  

That's between the OP and the person driving over their land. Options open to the OP include:

• Tell the driver to stop trespassing
• Put up some kind of physical barrier on their own land to prevent it being driven over

...assuming the driver has no right of way over the land in question.

Having said that, generally Service Strips are owned by the council, but many people maintain them as though they are part of their own land.

user1977

eddddy said:

Soot2006 said:

Sounds like permission was granted for a dropped kerb to access the back of someone's property (house on another street backing onto the cul de sac?) ... driving over the OP's land?

Having said that, generally Service Strips are owned by the council, but many people maintain them as though they are part of their own land.

I would say it usually refers to areas within the house's title but with restrictions on building over etc.

1flop

The Local councils have been approached on numerous occasions as the gate is actually built forward of the boundary line therefore a gate across a highway which surely is illegal but they say they will send it to legal. That was 5 months ago and they still won’t commit to anything although gate owner is being a total ***** about it all

Grumpy_chap

1flop said:

I bought a property with a service strip to the side front the council have allowed person fron another street to put a gate on our boundary and allowed him to drive his car out onto our cul de sac across this access strip The gate is in a at the bottom of my steep drive and neither I or neighbours consulted or informed prior to council consenting. Council say I still own the strip but they can do what they want with it. This gate has restricted parking on the road and devalued the properties on our select cul de sac. Council say no appeal and no condults9was required. Help

1flop said:

The Local councils have been approached on numerous occasions as the gate is actually built forward of the boundary line therefore a gate across a highway which surely is illegal but they say they will send it to legal. That was 5 months ago and they still won’t commit to anything although gate owner is being a total ***** about it all

This is important - who owns the land?
Who else has rights of passage over the land?  Wayleaves?

If you own the land (as per your OP), then the Council cannot give another person permission to drive a car over it.
The Council can give permission (planning permission?) to erect the gate.  That would not allow the gate to be forward of the boundary (on your land), nor would having the gate create a right of passage.

If you own the land, you have very strong rights to just resolve this.  If you do not own the land, likely nothing you can do

Who owns the land?

Can you provide a sketch / photo as per @AdrianC advice above?

sheramber

It is difficult to  understand the  layout without a drawing.
How does the gate inconvenience you?

1flop

In pic you can see the gate but this has been built forward of boundary you can see dark fence to right rear of gate. My deeds extent to past the lamp post