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AndyBrew

Original Poster:

1,117 posts

88 months

[news] 
Friday 4th May 2012 quote quote all
Quick question, if you own a piece of land and I mean very small piece of land, lets say approx. 5m x 2m at the end of a public road, do you have by law right to access that land?

So lets say people park their cars at the end of this road in front of your land and that's the only way onto it, what are your rights?

DWS

334 posts

87 months

[news] 
Friday 4th May 2012 quote quote all
GUess you would need to check your deeds to the land to see if you have actually do have right of access (Vehicular or pedestrian), particularly if you have to cross another piece of land (Footpath) ownened by another party.

HTH

Jasandjules

45,441 posts

98 months

[news] 
Friday 4th May 2012 quote quote all
AndyBrew said:
Quick question, if you own a piece of land and I mean very small piece of land, lets say approx. 5m x 2m at the end of a public road, do you have by law right to access that land?

So lets say people park their cars at the end of this road in front of your land and that's the only way onto it, what are your rights?
You have no "right" per se without something else, but as above, check what the deeds say - usually when a parcel of land is sold it is sold with a right of access - it would be a very hopeless solicitor who undertook the conveyancing without ensuring the purchaser had a right of access...... So you have whatever rights the land comes with....


Mr GrimNasty

2,470 posts

39 months

[news] 
Friday 4th May 2012 quote quote all
But if you had a vehicle parked on it, or a garage with closed doors (therefore potentially containing a vehicle)..... you have right of exit!

AndyBrew

Original Poster:

1,117 posts

88 months

[news] 
Friday 4th May 2012 quote quote all
thanks, I don't own the land currently, it is owned by David Wilson they bought it as a "ransom strip" as they thought they could develop the land behind it, thus turning our cul-de-sac into a street. The guy who owned the land they wanted to develop had some form of axe to grind with DW and thus sold the land to another developer, which is good as we still have a cul-de-sac smile

Hence this land is now "worthless" other than if I purchased it for the purpose of preventing every tom dick and harry parking outside our bloody house, laughably choosing to do this rather than park outside their own house for some reason.


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Ean218

961 posts

119 months

[news] 
Friday 4th May 2012 quote quote all
Mr GrimNasty said:
But if you had a vehicle parked on it, or a garage with closed doors (therefore potentially containing a vehicle)..... you have right of exit!
No, that is only if there is a council approved dropped kerb.

Mr GrimNasty

2,470 posts

39 months

[news] 
Friday 4th May 2012 quote quote all
Ean218 said:
Mr GrimNasty said:
But if you had a vehicle parked on it, or a garage with closed doors (therefore potentially containing a vehicle)..... you have right of exit!
No, that is only if there is a council approved dropped kerb.
Derrrrr, can you see the stupidity of your pointless reply?

surveyor

4,549 posts

53 months

[news] 
Friday 4th May 2012 quote quote all
AndyBrew said:
thanks, I don't own the land currently, it is owned by David Wilson they bought it as a "ransom strip" as they thought they could develop the land behind it, thus turning our cul-de-sac into a street. The guy who owned the land they wanted to develop had some form of axe to grind with DW and thus sold the land to another developer, which is good as we still have a cul-de-sac smile

Hence this land is now "worthless" other than if I purchased it for the purpose of preventing every tom dick and harry parking outside our bloody house, laughably choosing to do this rather than park outside their own house for some reason.
The land is not worthless by any means unless it is not the only access to the land behind.

If it is the only access, then David Wilson will not be selling it anytime soon.

Ean218

961 posts

119 months

[news] 
Friday 4th May 2012 quote quote all
Mr GrimNasty said:
Derrrrr, can you see the stupidity of your pointless reply?
No.

AndyBrew

Original Poster:

1,117 posts

88 months

[news] 
Friday 4th May 2012 quote quote all
surveyor said:
The land is not worthless by any means unless it is not the only access to the land behind.

If it is the only access, then David Wilson will not be selling it anytime soon.
The land behind is now another small estate with it's own access, thus this little patch is literally no good for nothing and is maintained by us to prevent it looking a state smile

Clivew

192 posts

44 months

[news] 
Saturday 5th May 2012 quote quote all
As far as I'm aware, although you have a right of access to a property, there is nothing to stop a vehicle parking in front of the access unless there are yellow lines in place.

snuffle

1,582 posts

51 months

[news] 
Sunday 6th May 2012 quote quote all
Mr GrimNasty said:
Ean218 said:
Mr GrimNasty said:
But if you had a vehicle parked on it, or a garage with closed doors (therefore potentially containing a vehicle)..... you have right of exit!
No, that is only if there is a council approved dropped kerb.
Derrrrr, can you see the stupidity of your pointless reply?
Ok Mr GN, instead of a snide remark can you explain right of exit if there was no right of access in the first place.

stemll

1,513 posts

69 months

[news] 
Sunday 6th May 2012 quote quote all
snuffle said:
Ok Mr GN, instead of a snide remark can you explain right of exit if there was no right of access in the first place.
As I understand it, there is an offence of preventing access to the highway (or some-such) but no corresponding offence of preventing exit from the highway.

Jasandjules

45,441 posts

98 months

[news] 
Sunday 6th May 2012 quote quote all
stemll said:
As I understand it, there is an offence of preventing access to the highway (or some-such) but no corresponding offence of preventing exit from the highway.
Yup. So if you have a car IN a garage that you want out and it is blocked plod could break the window and move it BUT if you want to get back into your own garage and a car blocks the way - no law to help per se..

snuffle

1,582 posts

51 months

[news] 
Sunday 6th May 2012 quote quote all
Jasandjules said:
stemll said:
As I understand it, there is an offence of preventing access to the highway (or some-such) but no corresponding offence of preventing exit from the highway.
Yup. So if you have a car IN a garage that you want out and it is blocked plod could break the window and move it BUT if you want to get back into your own garage and a car blocks the way - no law to help per se..
But if you don't have lawful access to the garage, because of footpath or similar,
would right of access still apply.
Like I said above, I have no knowledge of the laws of access/exit, I'm just interested in sensible information, Thanks Semll and J&J.

Jasandjules

45,441 posts

98 months

[news] 
Sunday 6th May 2012 quote quote all
snuffle said:
But if you don't have lawful access to the garage, because of footpath or similar,
would right of access still apply.
Like I said above, I have no knowledge of the laws of access/exit, I'm just interested in sensible information, Thanks Semll and J&J.
Yes, a right of access is not defeated by say a right of way, all it means is that you could not block their right of way in front of the garage by parking a vehicle on the footpath say........


snuffle

1,582 posts

51 months

[news] 
Sunday 6th May 2012 quote quote all
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Who me ?

3,868 posts

81 months

[news] 
Sunday 6th May 2012 quote quote all
Jasandjules said:
Yup. So if you have a car IN a garage that you want out and it is blocked plod could break the window and move it BUT if you want to get back into your own garage and a car blocks the way - no law to help per se..
Post recently ,where some one ( possibly Streaky ) brought out some new info on decrim areas and dropped kerbs. If tis is correct, perhaps getting a dropped kerb on the land might be the answer . ( Tried a search - nothing came up, possibly Streaky will remember) .

Lanby

800 posts

83 months

[news] 
Sunday 6th May 2012 quote quote all
AndyBrew said:
surveyor said:
The land is not worthless by any means unless it is not the only access to the land behind.

If it is the only access, then David Wilson will not be selling it anytime soon.
The land behind is now another small estate with it's own access, thus this little patch is literally no good for nothing and is maintained by us to prevent it looking a state smile
IIRC if you continue to do this you will be able to claim it as your own after 12 years, unless DW claim they gave you permission to look after it, then they can retain ownership of it.

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