New post in pub car park restricts access to five houses

[timpent]

Hello all, I'm hoping I can get some advice as to what can be done about a newly erected post that at certain times can restrict access to five properties, mine being one of them.

Actually, it's not the post per se that is really restricting access, it's if someone parks opposite it that causes the problem. The post is within the boundaries of the land owned by the pub, however it was erected last week just a few days after the Planning Inspectorate ruled that the pub had to apply for planning permission to use a garden as a pub garden, but that's another story. But suffice it say that the post was erected in retaliation against the neighbours who brought the pub garden issue to the Local Planning Authourity's attention. What's more it has been painted with anti-tamper paint!

If you cut and paste this link (http://qik.com/video/84C3818FED0A41B1BB9A7E0
04F585837)
into another browser window you'll see a short video clip of the post in situ.

Previously there was a wooden post there which could have been removed if emergency access was required to the houses, and prior to that (as recently as two or three years ago), there was no post at all.

We're fortunate that the elderly occupants of the house opposite the post don't drive any more so there often isn't a car parked there, however should they move, it is very likely that the new occupants would want to park their car there.

Do we have any options to get the post removed, given that there has been vehicular access over the corner of the car park going back 30 years or more, or is our best bet asking the council to paint white lines in front of the elderly resident's cottage?

Thanks in advance for your comments.

Tim Media URL: http://qik.com/video/84C3818FED0A41B1BB9A7E004F585837
Description: This clip shows the post in situ

[Count-A-Strong]

I don't understand how the post only restricts access at certain times.

[bednobs]

because access is only restricted when someone is parked oposite it.
I can only give you my comments i'm afraid, i am not a law person. I would say the pub have evry right to site the post where they have. if there is anything in your deeds about the right to pass over their land then maybe it would be ok, but i guess there isn't. There are many roads that fire engines couldn't get down if needed, and as far as i know they just bump them out the way if they need to. Is it a private road? If not, then noone has a "right " to park anywhere

[bednobs]

ps the area looks very pretty but ii can understand why you don't want a pub garden there

[dzug2]

It's the person parking obstructively that is the problem, not the post

[buildersmate]

If you have been gaining vehicular access over this pub car-park to get to your land for in excess of 20 years, you could consider claiming a right of way by prescription. You must have been doing into relatively continuously, without permission (permission would be proved if there was a letter or similar from the owner agreeing to informally let you do it).
Each of you would have to claim the right individually, and the right would be registered at the LR.
You will probably need the help of solicitor to set the thing in motion.

[Skyline D]

I'm not a lawyer and don't have any legal background but, like dzug, I would have thought the pub can stick a post where they like on their land. the complaint would really have to be aimed at people parking opposite it in such a way that you couln't turn past it.

[joko]

by driving over that corner, you re driving over the pavement and the corner of their carpark...i cant see how you have any rights whatsover to demand they continue to allow you to...as has been stated, the problem is if they decide to park a car there...however they would not be allowed to do that, any more than i am allowed to park in the middle of the road, as they would be blocking the road completely.
they have no right to park outside their house, just because they live there.

[timpent]

Thanks everyone for your answers, I guess the issue is really whether, as buildersmate says, we can claim any right of way over that corner of land.

If not, then it's up to people (and they could be pub customers) to not park so as to restrict access to the lane.

[joko]

yes id say just get a few signs made up an put them round the area telling people not to park there...access needed etc