How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

I have been crossing council land (approx. 6m) to park on my

Resolved Question:

I have been crossing council land (approx. 6m) to park on my hard standing area in front of my property for the last 10 years.(home owner)
On Saturday they requested that I pay �300 p.a. plus legal costs of �275 for a Vehicle Access Licence.
I was advised in there drop kerb application from, that I required a hard standing, which my car must be parked on, before consideration would be given for a drop kerb.
Where do I stand legally? If I get a drop kerb and driveway across this land (council approved contractor), could they still charge me for access?
My neighbours have had the same letter, and some of them have been crossing the land for 20 years plus. Has an established use been created?
Kind Regards
Damon Perrins
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.What is it you want to achieve please?Alex
Customer: replied 1 year ago.
To ascertain if the Council has a legal stance to enforce this payment, even though I have been crossing their land for 10 years, in plain sight, and to continue to cross their land to my hard standing, without incurring, what I believe, is a disproportional amount of money.
Expert:  Ash replied 1 year ago.
I am sorry to say its bad news. Unless you have been using it for 20 years then and only then do you get a prescriptive right of way. Under 20 years you have no rights whatsoever. Therefore unless you sign a licence they CAN prevent access.Only people who have used it for over 20 years have a prescriptive right,I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
So if I get a drop kerb and access across agreed with highways and the council, do they still have a right to charge me £300 p.a. to cross their land? Or by their action of allowing me to pay for the access they waive any right to charge me for the privilege of using that driveway, purchased by myself, across their land?
Expert:  Ash replied 1 year ago.
If you are crossing their land then yes. If others have used the land for over 20 years they have a prescriptive right, but sadly you do not.I am sorry..........Alex
Customer: replied 1 year ago.
So I will need to get a contract from them stating that by paying for the driveway across their land, then a one off payment is made to have the right to cross that land in perpetuity without incurring any additional costs for that right?
Expert:  Ash replied 1 year ago.
Correct. I would do that.Can I clarify anything else?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 1 year ago.
No thanks for the advice.

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.co.uk/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.co.uk/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.co.uk/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.co.uk/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.co.uk/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.co.uk/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.co.uk/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice