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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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In front of my cafe is an access road which serves my property

Resolved Question:

In front of my cafe is an access road which serves my property and five others. Over the past four and half years I have been placing tables and chairs outside my cafe with no complaints. When a new owner moved in to one of the properties I suddenly recived a letter from his solicitor saying that my tables and chairs were blocking his vehicular access and that if I didn't remove them they would make an application to court for an injuction to prevent me from putting chairs and tables out and that they would ask the court to order me to pay their legal costs which would be substantial.
Since receiving the letter I have retreated inside my cafe. I asked the county council highways dept to visit which they did. The officer informed me that the roadway was unadopted and not owned by anyone. He said that if the roadway had been adopted then he would have no hesitation in issuing me with a license for the chairs and tables as he said there was plenty of room for tables & chairs/ pedestrians and vehicles without problem. The district council also informed me that no one owned the land and that it was up to the surrounding businesses to come to agreements over usage - clearly it has been decided by one individual that I cannot use the land for my tables and chairs - is there anything that I can do? what are my rights etc?
Submitted: 2 years ago.
Category: Law
Expert:  Nicola-mod replied 2 years ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 2 years ago.

Thank you for getting back to me I am happy to wait for an answer to my question - Alan

Expert:  Nicola-mod replied 2 years ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you,
How long have you been doing this for?
Customer: replied 2 years ago.

Hello Alex thanks for your reply - We opened the cafe in 2011 andhave put tables and chairs out since day 1. In April this year problems began since May we have not put the tables and chairs out for fear of reprisals and court injuctions being taken out against us.

Expert:  Ash replied 2 years ago.
Who owns the land? It MUST be owned by someone?
Customer: replied 2 years ago.

At a recent council meeting it was agreed that no one owned the land the surface and the services that run underneath it are repaired and maintained by the various property owners who front onto it as and when required. The chairman of the councilcommittee described it as common land.

Expert:  Ash replied 2 years ago.
Only the person owning it can take action against you. If it is blocking access then it could be considered a nuisance, but if not then there is nothing they can do. it is only nuisance where any claim can be against you for someone other than the land owner.
Only the land owner can bring any other claim. So as long as you are not causing any nuisance or breaching any agreement you can have table and chairs out.
Can I clarify anything for you about this today please?
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Thank you for your advice it has given me confidence to pursue thsi matter further with the parties involved.