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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Under the new legislation our Park Homes Sites Manager is proposing

Customer Question

Under the new legislation our Park Homes Sites Manager is proposing a new set of Park Rules, and one of the proposals gives him control over what we can put in the space betwen homes (our gardens, effectively). Presently, I have a garden railway, for which I was given permission by the previous owners of the Park (or rather the people who previously owned the Company that the current Sites Manager now owns). The current Sites Manager has taken a dislike to the railway and this proposal is a deliberate attempt to get rid of it. Do I have so-called "Grandfather Rights" for the railway, given that it is already there?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : How many years has it been there please?
Customer:

The railway has been there for 22 years. In case it helps ... I have lived there for 23. The original Site Owner gave me oral permission to build the railway, and this was reaffirmed in 2001 when my original park home was replaced by a new one on the same plot. The new Site Owner took over in September 2004.

Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Expert:  Ash replied 2 years ago.
Thank you. Then you would be entitled to keep it as it had been there for 20 years.

Once you have 20 years then it is an established right - this becomes absolute after 40 years. So you could certainly seek an injunction and declaration from the Court.

Can I clarify anything for you about this today please?

Alex
Customer: replied 2 years ago.

Thank you for your answer - I think I shall sleep more soundly tonight! Is there a particular act that I can refer to if questioned about this?

Expert:  Ash replied 2 years ago.
Great. It would be the Prescription Act 1832

Alex

Customer: replied 2 years ago.

Thank You.


 


I seem to have gotten confused about the rating. The invitation to rate accompanied your question to me, so although it wasn't the answer, I thought I had to make a rating to continue...! As we were at the beginning of the dialogue, I put 'Good.' I would like to change it to "Excellent," but it seems that I cannot do so without paying twice.


 


Is there a way to do this?

Expert:  Ash replied 2 years ago.
Don't worry its all good as long as it is a positive rating!

Thanks

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