Vehicle Crossing Authorisation Deeds

ThurrockCouncilWatch

My property's boundary wall (30 feet) runs alongside a pedestrian path that leads to several other dwellings. My next door neighbour drives their vehicle up the path to a parking space they created in their rear garden. Up until earlier in 2024 my in laws lived there since the fifties and I know that they widened the path without permission and did not apply to for access. My new neighbours have damaged my wall but have failed to own up. So I requested the council offer some protection to avoid this problem occurring again. They refused so I told them that my neighbours have no legal agreement with the council to drive a vehicle up the path and to check their records. They claim they don't keep records that are older than 2015. So I obtained a copy of the title deeds of the property and as I knew  no Vehicle Crossing Authorisation Deeds exist. This is the response I received from The Highway Authority "I am not sure we need anything because unless the deeds state they have no access, then we are content at some point legal access was obtained."  So Is it the case that as a property owner you can do whatever you like as long as your deeds don't say that you can't?

Section62

ThurrockCouncilWatch said:

My property's boundary wall (30 feet) runs alongside a pedestrian path that leads to several other dwellings. My next door neighbour drives their vehicle up the path to a parking space they created in their rear garden. Up until earlier in 2024 my in laws lived there since the fifties and I know that they widened the path without permission and did not apply to for access. My new neighbours have damaged my wall but have failed to own up. So I requested the council offer some protection to avoid this problem occurring again. They refused so I told them that my neighbours have no legal agreement with the council to drive a vehicle up the path and to check their records. They claim they don't keep records that are older than 2015. So I obtained a copy of the title deeds of the property and as I knew  no Vehicle Crossing Authorisation Deeds exist. This is the response I received from The Highway Authority "I am not sure we need anything because unless the deeds state they have no access, then we are content at some point legal access was obtained."  So Is it the case that as a property owner you can do whatever you like as long as your deeds don't say that you can't?

More or less, unless there is statute law saying you can't.

If this path is public highway there may be law that restricts or prevents use of the path by motorised vehicles, but you would need to provide a lot more detail to work out whether that applies in this case.

Do you know who owns the land the path is on?

ThurrockCouncilWatch

A vehicle crossover agreement is a legal contract between the property owner and the local council that allows a vehicle to access a property from a dropped kerb. 

The pathway from the road is access to several other dwellings and is maintained by the Highway Authority on behalf of the Crown.

gwynlas

It is up to the council to enforce no vehicular action if they choose to.

You are rightly aggrieved that your wall was damaged but a solid wall would have fared better than their can.

You could easily get into a neighbour dispute which might cause you problems in the future.

What you could do is install a camera facing towards your boundary to record any possible dsamage in the furure.

Section62

ThurrockCouncilWatch said:

A vehicle crossover agreement is a legal contract between the property owner and the local council that allows a vehicle to access a property from a dropped kerb.

Some councils will insist property owners sign such agreements, but in many cases the council is going beyond its powers (ultra vires) requiring one as a condition of providing a vehicle crossover.

So it follows that a council that doesn't insist on such agreements won't see the absence of one as an impediment to someone gaining vehicular access to their property from the (public) highway.

ThurrockCouncilWatch said:

The pathway from the road is access to several other dwellings and is maintained by the Highway Authority on behalf of the Crown.

So is the pathway highway, or is it Crown Land?

Section62

gwynlas said:

You are rightly aggrieved that your wall was damaged but a solid wall would have fared better than their can.

Assuming the OP's wall is brick or block, masonry is very poor in tension so it doesn't take much of a 'nudge' to crack it or cause horizontal displacement.

Even a 'solid' wall could suffer significant damage with the car having no more than a minor bumper scuff.

ThurrockCouncilWatch

My missing knocked down boundary wall, which is making it easier for vehicles to access and egress the path, is being replaced by metal spiked posts designed to inflict massive damage to any vehicle that hits it. The cost of the posts will be insignificant to the cost of the vehicle repair. 

ThurrockCouncilWatch

The latest response to this dispute from the Council was in reply to this question " So can you advise, that unless specified to the contrary in the property deeds, the path can be used as a Vehicle Crossing by the occupants that reside in the other dwellings that the path was built for, and not just the one sole property owner at number xxx" Response:  "It is solely a private matter. I can not comment. There is legal vxo which appears to only serve No. xxx" In my discussions with them they only use words such as "Probably" "Possibly" "Appears" So I think that tells me everything I need To know. They're full of ****.

ThurrockCouncilWatch

The Council concerned have a policy on vehicle crossover ownership  But for reasons that remain unanswered, they have no details of any financial records of anything related to it before 2015. The Council is currently under control of the Government because of an investment scandal.