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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have right of way to my garage in the narrow slip road at

Resolved Question:

I have right of way to my garage in the narrow slip road at the back of my house (as do 8 other households). This road is owned by the Council (incidentally 2 of the 9 houses are still Council properties). 12 private houses have been built in the Close (50 metres away from entance to slip road) and the Council has refused our request to put up a sign at entrance to the slip road to prevent parking by others in the slip road as this will obstruct access to our garages. The Council say that they can only put up signs that can be enforced by law. We'd like to set put up a sign before new neighbours arrive and avoid potentially unpleasant scenarios - an 80 yr old neighbour's gagarge was blocked recently by a vistor in an adjoining street. Can you advise us please ?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.
Alex Watts : What would you want the sign to say, something like no parking private land?
JACUSTOMER-dxonhnh1- :

No don't think you can say private land as it's "public land in that it 's owned by local authority. Wd like something like - Access Only Road - No obtructive parking- Right of Way to Garages Protected . Council officer said we can't put up a sign that NOT enforceable by law. If vehicles are obtructing our access to garages surely we have rights to get them removed ?

Alex Watts : It is not your land so sadly in law you can not get them removed as clamping is now illegal.
Alex Watts : What could get erected is a sign that says access only or indeed the Highways Agency could put a no motor vehicles accept for access sign.
Alex Watts : This means that it could then be enforced by parking wardens to.
Alex Watts : But to do that would be Highwyas and not the council
Alex Watts : If the council refuse to do anything then complain to your local councillor, that is what they are elected for.
Alex Watts : Their website is www.lgo.org.uk
Alex Watts : Or if you are still not happy you can go to the ombudsman who can investigate.
Alex Watts : Can I clarify anything for you about this today please?
Customer:

I'm afraid you haven't been able to tell me anything I don't already know. Thank you.

Alex Watts :

That may be the case but sadly this is the legal answer.

Alex Watts :

You can of course consider a Judicial Review

Alex Watts :

This is where a Court examines the decision made by a public body and decides whether or not the decision was legal and reasonable.

Alex Watts :

A High Court Judge can agree with their decision or remit it back for further consideration.

Alex Watts :

You would need a Solicitor for this as there is a procedure and Court protocols to follow.

Customer:

Ok I think we may resort to individual notices over our garage doors asserting right of way. No more questions thank you

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