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 wingrovebuyer Your Own Question

wingrovebuyer
wingrovebuyer, Senior Solicitor
Category: Property Law
Satisfied Customers: 737
Experience:  Bachelor of Laws (Honours); PG Diploma in Law; Member of ALA; 9 years' experience
22732369
Type Your Property Law Question Here...
wingrovebuyer is online now

In a single lane road near a wood where local residents excercise

Customer Question

In a single lane road near a wood where local residents excercise their dogs, there is now a local allotment club set up on one side of the road which is fine for all and does not upset either walkers or allotment holders. On the other side of the road there is a wide verge outside a hedgerow and has been used for 30 plus year to my knowledge as a prrking/passing place. Now the allotments are up and running the farmer who owns the field over the road next to the wide verge has erected a post and rail fence to prevent allotment users from parking there, and this action is nothing but purely being spiteful and arogant as the parcel of land is neither use nor ornament to anybody.
As the land is outside the hedgerow and cannot been farmed, but has been used for parking/passing is there anything in law that Grandfather rights may apply?
Regards,

XXXXX XXXXX
Submitted: 3 years ago.
Category: Property Law
Expert:  wingrovebuyer replied 3 years ago.
Hello, I see the land being the verge is registered as the farmer's land. This, I think, leaves two options. First, although it's private land, it could still be highway land. Verges often are, but deep verges may not be. You need to contact your county council and ask them to confirm what is and is not unlicensed highway along that lane. If the verge is highway, then the farmer can't block it off. Secondly, if it isn't highway, if certain individuals can prove they've regularly used the verge for parking for in excess of twenty years, it may be that they can claim private parking rights. This would be an easement to park, and so they'd need an interest in neighbouring land that could benefit from the parking right. The allotment land may be sufficient for this purpose.
Customer: replied 3 years ago.


Thank you for your which is exactly as I thought we will have to fight the council and farmer who are both in each others pockets and finance is something we do not have.


Thank you once again


Kevin White

Expert:  wingrovebuyer replied 3 years ago.
Thanks. The council shouldn't charge much (if anything) for confirming the status of the verge, but claiming private rights would require a solicitor, and I expect fees would be in the region of £750 - £1,000. If you haven't done so already, please leave a ratings or JA won't pay me for helping you. Thanks!
Expert:  wingrovebuyer replied 3 years ago.
Hello. Please leave a rating for my answer, or JA won't pay me for helping you. Thanks!.
Expert:  wingrovebuyer replied 3 years ago.
Hello. Please leave a rating for my answer, or JA won't pay me for helping you. Thanks!

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.
 
 
 

Related Property Law Questions