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 UK-Justice Your Own Question

UK-Justice
UK-Justice, Barrister
Category: Property Law
Satisfied Customers: 16193
Experience:  Called to the Bar in 2007
41133288
Type Your Property Law Question Here...
UK-Justice is online now

Hi I have vehicle access to my property, along with other properties,

Customer Question

Hi I have vehicle access to my property, along with other properties, across parish council owned land (village green) The parish council has recently decided that it would no longer allow parking on the village green and has erected a fence along the access road to a width of 3.5m. It is now impossible for me to access my private drive way safely in my mid size car, the road is unlit and unmaintained and in order to turn into my drive I have to complete multiple manoeuvres to avoid damaging my car, The fence is c0.5m high which makes it difficult to see in the dark so I now have to leave work early in order to be able to get onto my property. I have asked the parish council to leave enough space for me to be able to get in and out of my drive safely but they have simply refused to respond. The other resident on the terrace (at the other end) also has a drive but they have lnot fenced in front of his property so he is able to access his drive with ease. I simply don't know how to get a resolution to this as the council will not respond to me but surely they cannot restrict my access in such a fashion whilst others are left with their access unimpeded?... please can you provide some help, I am quite prepared to take a legal course as as it stands my house is unselleable.... any advice would be welcome.... claire
Submitted: 3 years ago.
Category: Property Law
Expert:  UK-Justice replied 3 years ago.
Thanks for your question, I will do whatever I can to help you. Please remember to rate my answer SMILEY FACE OR ABOVE.

How long have you had access for?
Customer: replied 3 years ago.

not sure if you received previous response but basically the house has had access for over 100 years, along with the other properties in the row. Parish council have confirmed this vehicle access exists and have also stated that they cannot prevent people from driving over the green, just parking. I don't want to park I want to drive over so I can get onto my property safely....

Expert:  UK-Justice replied 3 years ago.
Thank you.

You are entitled to use the access as you have been doing as you have a prescriptive right of way.

This right can not be blocked. To have a prescriptive right you must establish 20 years use. After 40 years the right becomes absolute.

They can not restrict your access.

If they try to then you can seek an injunction to stop them from doing this. You would need a Solicitor to draft proceedings and present your argument in Court.

But based on what you have said you have a prescriptive right for which they can not block or reduce.

I hope this helps.



Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
UK-Justice, Barrister
Category: Property Law
Satisfied Customers: 16193
Experience: Called to the Bar in 2007
UK-Justice and other Property Law Specialists are ready to help you
Customer: replied 3 years ago.

One quick query when you say 'as I have been doing' this would cover being able to drive in and out of my property with no unreasonable difficulty irrespective of what vehicle I have? one comment made by the chairman of the parish council was that I should get a smaller car!


But thanks for your response, great relief.. I have been so upset and worried, I have an appointment with my solicitor next week but i was starting to worry that I had no rights.....

Expert:  UK-Justice replied 3 years ago.
That makes no difference to get a smaller car.

You should have vehicle access for your current car at least...................



Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
Expert:  UK-Justice replied 3 years ago.
I'm just following up with you to see how everything is going. Did my answer help?

UK-Justice

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:

 
 
 
  • Remus2004

    Remus2004

    Barrister

    Satisfied Customers:

    2427
    Over 5 years in practice.
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Remus2004's Avatar

    Remus2004

    Barrister

    Satisfied Customers:

    2427
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    414
    UK solicitor holding an England and Wales practising Certificate.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    42
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law.
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    4708
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/AS/Aston Lawyer/2013-10-8_19517_JAPROFILEPICTURE.64x64.jpg Aston Lawyer's Avatar

    Aston Lawyer

    Solicitor

    Satisfied Customers:

    1823
    LLB(HONS) 20 years of experience in dealing with Conveyancing and Property Law
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    828
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Solicitor

    Satisfied Customers:

    241
    I have been a solicitor in High Street Practise since 1985 with a wide general experience.