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Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I live in a 4 dwelling cull-de-sec off a larger cul-de-sac.

Customer Question

I live in a 4 dwelling cull-de-sec off a larger cul-de-sac. For 40 years the bay has been used for parking. A local councillor had bought one of these 4 semi-detached bungalows, built a dropped curb, which has been legalised by the council declaring by this bay as a turning head.
After 40 years of use for parking, is there not some right for the practice to continue? As many years ago, I was at an army establishment. Once a year, for a day, road blocks were erected - to prevent the roads becoming a public right-of-way.
Submitted: 1 year ago.
Category: Property Law
Expert:  Ash replied 1 year ago.
Alex Watts :

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

Alex Watts :

Is there a proposal to stop parking please?

JACUSTOMER-c3lnwfa7- :

Yes and No! Three of three parking places have been taken up by the dropped curb. One of the forbidden places is outside my neighbour's dwelling and he had been told that he cannot permanently park there any more.

Alex Watts :

Ok. Has there been a formal complaint to the Council?

JACUSTOMER-c3lnwfa7- :

I pressed the Enter button to write another para but it all up! On the other side there are 5 parking places but not usable. At this time "gunge" of year falls off. After 2 days of it I was forced to re-park. The trees are Silver Birch which are loved by aphids. From the spring to early summer they exude some amber coloured droplets. Because my insurance company has told me that that whilst my no insurance claim won't be affected, my premiums will increase in the event of a claim.

Alex Watts :

Ok - have you made a formal complaint to the Council?

JACUSTOMER-c3lnwfa7- :

Your next question, I am preparing a claim to tje Local Council Ombudsman

Alex Watts :

Have you had a final response from the Council?

JACUSTOMER-c3lnwfa7- :

Yes. They reject my complaints and told me to write to the CLO

Alex Watts :

OK, you are going via the LGO good: www.lgo.org.uk

Alex Watts :

You can also seek a Judicial Review, that is where a High Court examines the decision to see whether it is legal and reasonable.

Alex Watts :

The Court can agree with the decision or remit it back for further consideration

Alex Watts :

But if you are going to the LGO that is your next step

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-c3lnwfa7- :

Just to go back to my original question: can a Council suddenly review the use of this bay after 40 years of use for parking? Does my neighbour, who can no longer park outside his dwelling, have a claim? How do get a copy of this dialogue? I dare not press the "Enter" button here! I am 88 years old - so sorry about the slowness. And many thanks for your help. Kind Regards, *****

Alex Watts :

Can they review it after 40 years, if they own it yes.

Alex Watts :

You may have established a Prescriptive Right, this becomes after 20 years.

Alex Watts :

But the Ombudsman should pick up on that.

Alex Watts :

Does that help Leonard?

JACUSTOMER-c3lnwfa7- :

Merry Xmas and a Happy New year

Alex Watts : And you. If I could ask you to rate my answer before you go today please
Alex Watts : If you need more help please click reply
Alex Watts :

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Alex Watts :

If this answers your question could I invite you rate my answer before you leave today.


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