So Lets Shaft Our Farmers.....
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Prescriptive rights?
I own an ex council house and park on a council car park adjacent to my house, originally the carpark was part of my house boundary (previous to me owning it). The council have sought planning consent to build 2 properties on this land, thus taking away my parking and making my house only accessible via 2 narrow snickets. I have parked here for 13 years and so did the previous owners. Someone told me I may have some rights, does anyone know if this is true?
Thanks
Mel
Thanks
Mel
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It's a minimum of 20 years continuous use before you can start thinking about whether you have any Prescriptive Rights. That 20 years may be accumulated by getting the previous owner of the property to sign a sworn statement for his X years (if he owns the property), plus your own 13 years, if that helps to get it over 20.
What the hell's a 'narrow snicket' - thought it was a chocolate bar made by Mars.
What the hell's a 'narrow snicket' - thought it was a chocolate bar made by Mars.
A 'snicket' up here in Yorkshire is a little alleyway/passageway, I think it's called a ginnel or gennel elsewhere. I think it has definitely been used by previous owners for over 20 years..
I bought the house from a prevoius owner so I would have to get my deeds to see if there are any rights (I think). There must be some rights of access over their land as the front of my property is reached by a public snicket (ginnel) which then crosses over the car park. The planning changes the public right of way to another snicket between my house and the new property.
As well as losing parking I am worried that my teenage girls will only be able to reach our front door via the snickets which will turn a corner so they won't be able to see anyone lurking or see people on bikes riding down them.
I bought the house from a prevoius owner so I would have to get my deeds to see if there are any rights (I think). There must be some rights of access over their land as the front of my property is reached by a public snicket (ginnel) which then crosses over the car park. The planning changes the public right of way to another snicket between my house and the new property.
As well as losing parking I am worried that my teenage girls will only be able to reach our front door via the snickets which will turn a corner so they won't be able to see anyone lurking or see people on bikes riding down them.
Yes you need to establish where the public rights of way are over these various bits of land (not the car park). The County Council (or Unitary Authority if such a thing operates in your area) maintain a thing called the Definitive map which shows all the rights of way - and what categories they are.
Or start by trying to phone the local authority and ask for the Rights of Way Officer. It would be very unusual (and a mistake by your solcitor when you bought) if this public right of way (your snicket) does not link you to the public carriageway - though the implication of what you say seems to suggest that your land does not have a right of vehicular access to it - because these snickets are going to be public footpaths, I expect..
Or start by trying to phone the local authority and ask for the Rights of Way Officer. It would be very unusual (and a mistake by your solcitor when you bought) if this public right of way (your snicket) does not link you to the public carriageway - though the implication of what you say seems to suggest that your land does not have a right of vehicular access to it - because these snickets are going to be public footpaths, I expect..
Unfortunately you don't have an automatic entitlement for your property to have vehicular access from the public highway - though there may be something in your land title to confirm in your case that you do.
Don't confuse 'council owned land' with the 'public highway' - they are not the same thing. The public highway is not (generally) owned by anyone. This car-park will be physically owned by the local council who will have a land title register.
You could consider appealing the Planning Application on other grounds - for example, overdevelopment/excessive density of houses compared to surroundings.
Worth checking Tamborine's 2nd comment - there would be an easement - a right of access on foot or by vehicle - in your land title register if such a thing ever existed.
Don't confuse 'council owned land' with the 'public highway' - they are not the same thing. The public highway is not (generally) owned by anyone. This car-park will be physically owned by the local council who will have a land title register.
You could consider appealing the Planning Application on other grounds - for example, overdevelopment/excessive density of houses compared to surroundings.
Worth checking Tamborine's 2nd comment - there would be an easement - a right of access on foot or by vehicle - in your land title register if such a thing ever existed.
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