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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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WE HAVE BEEN TOLD BY HIGHWAYS TO REMOVE SOME ON OUR

Resolved Question:

WE HAVE BEEN TOLD BY HIGHWAYS TO REMOVE SOME BARRELS ON OUR LAND WHICH HAVE BEEN THERE 14 YEARS.THEY ARE A METRE FROM A DROP KERB WHICH IS IN FRONT OF A BUSINESS PROPERTY.THE FRONT OF THE PROPERTY HAS NEVER AS FAR AS WE KNOW EVER BEEN A PUBLIC FOOTWAY AS THERE IS NO PATH.THE PROPERTY USED TO BE AN AGRICULTURAL PROPERTY WITH THE FRONT USED AS ACCESS ONLY.THE ROAD WAS DUG UP APPROX 15 YEARS AGO AS A MC DONALDS WAS BEING BUILT AND THE DROP KERB PUT IN BY THEM.WE ALSO PAY TO MAINTAIN THE DYKES NEAR TO THE PROPERTY.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.
On what basis have you been asked to remove them please?
Customer: replied 2 years ago.

we were told they are obstructing a highway and a public right of way.also they are saying they have been repositioned,then moved back.this is rubbish as they are concreted into the ground.they have finally admitted this is our land,even though the highways man insisted it belonged to highways.there is no footpath and the only people to pass these barrels are customers of the craft centre currently there.there was no contact with me until last week,with only the tenant receiving correspondance from them.someone came before but seemed happy with the situation and we heard no more.

Expert:  Ash replied 2 years ago.
Have they served any notices?
Customer: replied 2 years ago.

NOT YET.TOLD WE HAVE 2 WEEKS TO REMOVE THEM OR THEY WILL SERVE AN ENFORCEMENT NOTICE.

Expert:  Ash replied 2 years ago.
Ok, so they have been in the same position for 15 years? Are they blocking a right of way etc?
Customer: replied 2 years ago.

YES THEY HAVE BEEN THERE 14-15 YEARS.THEY ARE NOT BLOCKING A RIGHT OF WAY,BECAUSE:A)THERE IS NO RIGHT OF WAY,AS IT IS A DROP KERB ENTRANCE TO OUR PROPERTY,AND B)THE BARRELS ARE A METRE FROM THE ROAD.IT HAS BEEN CONFIRMED IN AN E-MAIL THAT THEY KNOW THE LAND IS OURS.EVEN THOUGH THE MAN WHO CAME DOWN,SAID IT BELONGED TO HIGHWAYS.

Expert:  Ash replied 2 years ago.
Ok. Then you should write to the chief officer of the council and make a complaint. That office will investigate the matter and report back to you. If that does not work then you can complain to the local government ombudsman. They offer a free, independent service and can be found at www.lgo.org.uk
If they serve a notice to you, then you can apply to the magistrates court and appeal it pending any complaint to the council or LGO.
So do not be bullied, you have opportunities to complain and to appeal any notice.
Can I clarify anything for you about this today please?
Alex
Ash and other Law Specialists are ready to help you
Customer: replied 2 years ago.

in a nutshell do you believe we are in the right?.does the 10 yr rule regarding permanent structures apply?.

Expert:  Ash replied 2 years ago.
Yes I believe you are right. 10 year rule does apply,
Does that help?
Alex
Expert:  Ash replied 2 years ago.
Hi

I am just following up to see if there is anything else I can help with?

If you have not done so already might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex