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Michael Holly
Michael Holly, Solicitor
Category: Property Law
Satisfied Customers: 6534
Experience:  BA honours degree in law, over 20 years experience in litigation, contract and property matters
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I live in a residential area and currently we have garages

Resolved Question:

I live in a residential area and currently we have garages in front of our house , the council are proposing to use the area for 4 houses and give them private parking which will include the space directly in front of my house (where one of the garages used to be) I have been told if I park in this space I will be fined is this legal
Submitted: 4 months ago.
Category: Property Law
Customer: replied 4 months ago.
this is currently in the planning stage I just need to know if I have any rights I will be objecting to the planning proposal
Expert:  Michael Holly replied 4 months ago.

Do you rent from the council and is the area in front of your house owned by them?

Michael

Customer: replied 4 months ago.
I have purchased my house from the council and have a garden at the front leading to a footpath with the council garage block in front of that with a play / nature area to the side of it, the council plans are to remove all of this from my path and replace it with 4 houses and to give the new houses private parking numbered 1-4 on the plans (8 spaces in total) with the rest of us parking in the remaining areas - i have attached the proposal and hopefully it will give you a better understanding of the situation i have lived in this house for over 35 years
Expert:  Michael Holly replied 4 months ago.

I apologise for the delay in replying my computer is slow today and I had to turn it off for a bit.

The garage would have prevented you from parking in that space and you have , presumably, not had use of that area so possessary title does not arise.

As such, you are no worse off than you were before and the access to your property is not affected anymore than previously.

I understand your annoyance but I am afraid there is nothing you can do here.

Sorry for being the messenger of doom

Best wishes

Michael

Customer: replied 4 months ago.
Nobody has been able to park up to my front path before, surely there is a privacy clause - in front of my house has been shrubbery and a 8ft tall brick wall for 35 years. For the council to say i am making the front garage area into a car park and we will allow these new houses to use the space only is wrong - the garages were communal before they stopped them being rented and yes i have rented the garage in front of my house at some time in the past 35 years
Expert:  Michael Holly replied 4 months ago.

Does the proposed parking space remove any footpath so you go out of your garden directly into the parking space are?. From the plan you supplied there appears to be a footpath.

Unfortunately, there is no right against being overlooked probably because we are a small crowded island and such a right is not practical or enforceable.

Renting the garage would not give you any rights in respect of it.

Michael

Michael Holly, Solicitor
Category: Property Law
Satisfied Customers: 6534
Experience: BA honours degree in law, over 20 years experience in litigation, contract and property matters
Michael Holly and other Property Law Specialists are ready to help you
Customer: replied 4 months ago.
Ok looks like i've got no rights and although the council are putting parking spaces in front of my house its the rich with new developments that get priority over working class - typical of whats wrong with this country!
Thank you for your time
Customer: replied 4 months ago.
sorry they are removing the shrubbery in front of my house and extending the parking up to the path
Expert:  Michael Holly replied 4 months ago.

I am afraid so, you only own the extent of your property

Michael

Customer: replied 4 months ago.
i am not asking for ownership i was merely asking if the council have a right legally or fair mindedly to create a space and make it a private car space rather leaving it for the community as the garages were

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