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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
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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: 4 years ago.
Category: Property Law
Expert:  wingrovebuyer replied 4 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 4 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 4 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 4 years ago.
Hello. Please leave a rating for my answer, or JA won't pay me for helping you. Thanks!.
Expert:  wingrovebuyer replied 4 years ago.
Hello. Please leave a rating for my answer, or JA won't pay me for helping you. Thanks!

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