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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have been crossing council land (approx. 6m) to park on my

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I have been crossing council land (approx. 6m) to park on my hard standing area in front of my property for the last 10 years.(home owner)
On Saturday they requested that I pay �300 p.a. plus legal costs of �275 for a Vehicle Access Licence.
I was advised in there drop kerb application from, that I required a hard standing, which my car must be parked on, before consideration would be given for a drop kerb.
Where do I stand legally? If I get a drop kerb and driveway across this land (council approved contractor), could they still charge me for access?
My neighbours have had the same letter, and some of them have been crossing the land for 20 years plus. Has an established use been created?
Kind Regards
Damon Perrins
Hello my name is ***** ***** I will help you with this.What is it you want to achieve please?Alex
Customer: replied 1 year ago.
To ascertain if the Council has a legal stance to enforce this payment, even though I have been crossing their land for 10 years, in plain sight, and to continue to cross their land to my hard standing, without incurring, what I believe, is a disproportional amount of money.
I am sorry to say its bad news. Unless you have been using it for 20 years then and only then do you get a prescriptive right of way. Under 20 years you have no rights whatsoever. Therefore unless you sign a licence they CAN prevent access.Only people who have used it for over 20 years have a prescriptive right,I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
So if I get a drop kerb and access across agreed with highways and the council, do they still have a right to charge me £300 p.a. to cross their land? Or by their action of allowing me to pay for the access they waive any right to charge me for the privilege of using that driveway, purchased by myself, across their land?
If you are crossing their land then yes. If others have used the land for over 20 years they have a prescriptive right, but sadly you do not.I am sorry..........Alex
Customer: replied 1 year ago.
So I will need to get a contract from them stating that by paying for the driveway across their land, then a one off payment is made to have the right to cross that land in perpetuity without incurring any additional costs for that right?
Correct. I would do that.Can I clarify anything else?Alex
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Customer: replied 1 year ago.
No thanks for the advice.