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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We have lived in our property for 41years (one of a lock of

Resolved Question:

We have lived in our property for 41years (one of a lock of 8) set back from the road.there is a grassed area in front of the houses.We recently complained to the council again about the playing of football and all the accompanying problems I.e.noise,litter children riding bicycles damage to cars and entering our properties to retreaive footballs. Etc.
As this was the procedure we had used in the past to solve the problem we met with our local councilor who said she would see what could be done Last Thursday we received a flyer saying the councilor was holding a "meet your neighbour "meeting last Saturday.As they were distributing I saw the councilor talking to several parents whose children play ball games.My son arrived to pick me up (I recently had to surrender my licence after my I.C.D.went off) when he was driving off the grassed area one of the mothers shouted to her child "to be careful as someone was driving illegally on the grass. My son stopped his car and went over to discuss the matter and was told by the councilor that it was illegal to drive across the grass.As we have parked and driven over the grass for over40 years I thought we had easement rights to do so.Before the poll tax when we paid rates our rateable value was higher than other properties in the road because we had double access gates to our property.Are we entitled to park and drive over the grass? We also suspect that one of our councillors has been in contact via social media with a parent because they knew well before about the meeting and what the outcome was going to be.
Yesterday was the worst day ever It started about 9am with children playing football.After about an hour one man who doesn't even live in the road decided to go and erect an inflatable goal outside next doors access gates effectively blocking his car in.There was by this time there was between 30-40 people playing on the grass Activities carried on till well after 9 pm All of the things that took place were to try and provoke a reaction from myself or my heighbours Note please note 6out 8 homes affected are owned by pensioners
Thank you in advance and hope you can help us
Submitted: 11 months ago.
Category: Law
Expert:  Ash replied 11 months ago.

Hello my name is ***** ***** I will help you.

Who owns the grassed area please?

Customer: replied 11 months ago.
As stated it is owned by the council
Expert:  Ash replied 11 months ago.

Have the Council investigated this at all? Or do you just want to know if you can drive/park on the grass?

Customer: replied 11 months ago.
We and our neighbours met with one of our councillors in April who promised to see what could be done. The outcome was they leafleted the road. However 90per cent of the children do not live here they come from as far as two miles away on bikes to grandparents who live in neighbouring roads. They then held a meet your neighbour meeting at which they would give out soft footballs. However they held an impromptu meeting with some parents while leafleting and told them what the outcome would be. The meeting was to be 12-1pm. A bouncy castle was erected just after 8am and a party for up to 250people was sanctioned by the councilor
Customer: replied 11 months ago.
Also could you clarify access and parking issues
Expert:  Ash replied 11 months ago.

Parking and access is easy - you have been using this for over 20 years so you have a prescriptive right. This right becomes absolute after 40 years. So they can't change or block it.

As for kids using it - really you should complain to the Chief Officer of the Council. They can investigate your complaint and why nothing is being done about it.
If they do not uphold what you say then you can complain to the Local Government Ombudsman. They offer a free, independent service and can investigate your complaint for free. They can be found at: www.lgo.org.uk

Finally you can consider a Judicial Review. This is where a High Court Judge examines the decision not to do anything by the Council and sees whether it is legal and reasonable. A Judge can either agree with the decision or send it back to the Council for further consideration.

For more information on Judicial Review please see:

https://www.justice.gov.uk/downloads/courts/administrative-court/applying-for-judicial-review.pdf
Can I clarify anything for you about this today please?

Ash and 2 other Law Specialists are ready to help you
Customer: replied 11 months ago.
No. I think you have answered my queries perfectly. The answers confirmed what I had found via the Internet. I shall now lodge a formal complaint with the council. Many thanks. ***** *****

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