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LondonlawyerJ
LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 802
Experience:  Solicitor with over 15 years experience.
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I live in a retirement complex which has a gate on the boundary

Customer Question

I live in a retirement complex which has a gate on the boundary fence, allowing access to a council owned car park. The council now propose to bar access via this gate, which has been in use for 25 years, by building some sort of barrier.
The car park also contains two public theatres, is a gathering point for school children and those awaiting coaches for outings.
Council says it is acting as a Health and Safety measure to discourage pedestrians from walking across this place.
Are they within their legal rights?
Submitted: 2 years ago.
Category: Law
Expert:  LondonlawyerJ replied 2 years ago.
Customer:

Hello I am a solicitor with over 15 years experience. I will try to help you with this.

Customer:

I assume that you have other access points to the car park and can move about freely within when you get there. I don't think you will have acquired a right of access through the hedge by dint of use it for a long length of time (ie through prescription).

Customer:

So unfortunately the Council are able to manage their land as they wish.

LondonlawyerJ and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Your advice that we have no right of way appears fallacious.

Can I have my money back, please?

Expert:  LondonlawyerJ replied 2 years ago.
Why do you say that, based on what you told me the answer was correct.
Customer: replied 2 years ago.

Check my question and then check your answer.


 


It appears that 26 years of access through a purpose built gate does give a right of way into the car park.