Phew, council have backed down. A warning to many.

Nov 02, 2018 27 Replies

Without knowing the exact circumstances of the OP I think it is unlikely for a local authority to remove a vehicle unless someone (the landowner, or someone with rights to the land) notifies them about it. As I have pointed out elsewhere on the thread this is the only legal way to get an unwanted vehicle removed from private land.

I imagine that someone has complained, but it comes as a shock after 37 years using the same place for many different vehicles, trailers, caravans, recovery vehicles etc. to be told that the council have a 'duty' to remove them and fine me for the privilege.

Now you are in a whole new ball court. Either an easement. Or adverse possession!

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If you have left vehicles on this land long term without let or hindrance I suggest going for broke with the adverse possession claim.

On a slightly different scenarioo, I saw recently that if access to your drive involve crossing the kerb, the Council can then ask you to pay ££££ for work carried out for making a ramp over the kerb. Otherwise the Council will claim that you (may) damage the kerb. Never happened to me though, but shaken in my knees about what a Council could in theory be up to.

I'm not clear how an easement would help Mr Cheerful. AFAICS the owner of the land has not questioned his right to park the vehicles there. (Indeed, I had wondered if this was an alley serving several properties of which he is an owner of a part). A complaint to the council can be made by anyone.

I can see that gaining ownership of the whole of the alley would help if it allowed him to put a locked gate across the entry to it. But that doesn't even get out of the starting gate (sic) unless he has deliberately had single and exclusive possession of the land without the owner's consent.

One benefit of this is you have a legal redress if anyone parks in front of your driveway.

OK but that has never happened over 30 years. The height of the kerb is now about 9mm due to many (not very successful) resurfacings of the close.

for adverse posession I would have needed to enclose it, a negative easement against the owner could work.

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