right to access my property

[littlechelle]

We live in a terraced house which are back to back with another row and have a 'backings' or alleyway running between them. The alley way is only narrow but as parking is a nightmare I have installed double gates on my back garden and regulary drive my car up the alley way and squeeze it in the garden. The council now want to put gates up either side of the alley and give each household a key but I'm worried I wont be able to park the car there any more. I have looked into it and it is classed as a public highway. If I oppose to the gates will I get anywhere as I am the only one who will oppose.

[mata hari]

I don't understand ! If you are given a key to open the gates, what will then be the problem?

[littlechelle]

Sorry - didn't explain properly. The gates which would be going up would be like double gates with a sort of steel pole in the middle where they meet - does that make sense?

[Golden Shred]

As it is classed as a Public Highway it is under the control of your Local Authority. Without going into rather lengthy detail they do have the right to restrict access to pedestrians only and to prohibit vehicular access, more so as I suspect from what you say that the Highway was originally intended only for pedestrians. You could write, of course, and set out your problem, but if they refuse to do anything then you are probably stuck. I doubt that it would not be worth your while getting into contention with them, they will only send it to a Court for a Declaration (Order) and if you lost you would have to pay about �40,000 and if you win you will be about �10,000 - �12,000 out of pocket.

[Golden Shred]

There is a stray "not" in there !! I meant it to read "I doubt that it would be worth your while ......".

[buildersmate]

Unless you've been doing it continuously for at least 20 years, in which case you may have acquired a right of vehicular access by prescription. You'd have to engage a solicitor to help you demonstrate it though.

[stanleyman]

If the alley is a public highway, as a public right of way whether for pedestrians or vehicles, it is an offence to obstruct it. If gates are put up they would not be able to prevent the public from accessing it unless it was legally closed. I'm not clear on what the key will enable you to do or what the purpose is but you should tell them you need vehicle access which if it was by key presumably this would be ok for you. You can object to any public right of way closure without cost.

[Golden Shred]

The pole in the middle is to keep out vehicles. It is possible that chelle's neighbours have complained about the danger and undesirability of her misusing the alley with a vehicle. Certainly she can write and set out her point of view without charge, but if she carries on after being refused its hi ho, hi ho, off to court we go with the risk of the costs that I have outlined. The period for prescription is 10 years, not 20. If the application is contested, and it will be, then no order will be made for a further 2 years. If at the end of the 2 years the matter is not settled then no order will be made at all. Engaging a solicitor, barrister and expert witness(s) to contest prescription will leave you out of pocket by at least �20,000 whichever way it goes.

[stanleyman]

If it's a public highway how can it be misused? There is more to this than we know. You don't pay for a public enquiry and it's up to the claimant to make a case for closure. No point in guessing.

[buildersmate]

I bow to your greater knowledge of length of time for right by prescription, Golden Shred. Surely the point is that there are at least 3 (that I can think of) categories of public right of way? Footpath, bridleway and road/carriageway. When Chelle says it is a public highway, it may be a footpath category. The council are thus enforcing the use for which it is categorised?

[Golden Shred]

In the law of England and Wales there is no definition of "road" or "street" or "close" or "cul-de-sac" or "public highway" etc. The term highway covers everything from a footpath (for foot passage only), to a combined bridleway and footpath (for foot, bicycle and equestrian use), to a byeway or street open for all traffic (including motorised users), to unclassified county roads, classified roads, carriageways, main roads, trunk roads, "A" or "B" roads, motorways and special roads. The law gives the public a "right of way" by the Crown to a highway in accordance with the status of the route. The appropriate authority can widen the scope of highway to include areas of land adjacent to one or both sides of a road, street, etc. (so, for instance, the land beyond the hard shoulder of a motorway and up to the fence is a highway, bringing about some highway's more than a mile wide). (contd)

[Golden Shred]

(contd)

With regard to the Stanleyman answers they seem to be incomprehensible relative to the question, so I make no comment. With regard to the Loosehead question, the answer is yes. From the description given by chelle clearly the alleyway is a "footpath highway" and the authority is merely enforcing "the status of the route". This has come about, one can guess, because the authority and the neighbours regard chelle as a blessed nuisance driving her car up the footpath and now forcing keys on everyone. Additionally, of course, if chelle can do it so can everyone and chaos and war might break out in the alley. The risks and costs for chelle in a civil fight against the authority for enforcing "the status of the route" I have touched upon in my first answer. Be aware that if you niggle them sufficiently they can send it to court without telling you - the first you know of it is delivery of a big brown envelope and even if you don't fight you will be liable for their costs of around �15,000. There is also the criminal aspect to consider. Driving a vehicle on the footpath is a criminal offence, and chelle has to wonder whether the authority have already armed themselves with enough photographs to secure a conviction should they wish to do so.

[stanleyman]

I'm afraid your answers Goldenshred don't make any sense to me and I think that instead of asking littlechelle for more info you are guessing at the situation and are scaremongering with the huge costs you have mentioned and which you have no way of determining other than again by guessing.

The questions I would ask: If this alleyway is a public right of way then why is it being blocked by a gate to the public and is it locked? If there is a pole, presumably to stop vehicles, is it removable and is that also locked? What is the key actually for, who and what is it keeping out and who and what is it intended to let in? If it is just keeping out vehicles I don't see the point in having gates as well as the pole.

The period for prescription is definitely twenty years and I hardly think that littlechelle is going to contest prescription against him/herself as was mentioned.

[mk871923]

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