Question:
Can you legally prevent access to an unadopted road if you do not own it?
anonymous
2010-09-10 08:55:21 UTC
I live on a grade 2 listed crescent of about 80 homes in Sussex. There is an access road from the main road leading up to the crescent which allows us to park outside our homes but it is unadopted. We are not allowed to buy resident parking permits as we live on this road. There is someone who has bought a crypt in the building underneath this crescent and we have just been told he is putting permanent bollards at the entrance to which only he will have the key and we are to remove our cars or they will be stuck there forever! We have nowhere else to park and there are a lot of families with young children etc who need access to their own front doors. Is it legal for him to do this. He gained listed building consent to put the bollards up and cited them as replacement although there have never been any in the past. There has been resident access since the property was built. Please help!
Five answers:
Listener Sheogorath
2010-09-10 09:01:23 UTC
Why not just report him to the council for obtaining fraudulent planning consent?
Richard Davies
2010-09-11 23:55:28 UTC
Is the access road a highway? (Is it an established route from one place to another, rather than just a cul-de-sac?) That's your starting question. But from what you say, it sounds as though it is a highway.



In that case, if you and your neighbours have used the access route for long enough, you have an established right of way. Bollards should normally only be installed if the guy has obtained a Stopping Up order from the magistrates, at which you should have be given an opportunity to appeal. Or did he not bother?



Try asking at www.tpr.net/land.



They do free research into unowned / unadopted land: and roads. They get fees if they find forgotten owners. It doesn't cost anything to ask.



:)
?
2016-11-16 09:11:47 UTC
i'm uncertain what the regulations are interior the U.ok. besides the incontrovertible fact that right here interior the States, the disabled have the main appropriate to sue, to earnings equivalent get admission to. they have additionally made it a regulation that if a company needs/needs to remodle, they could convey everythin as much as handicap get admission to codes. which could incredibly pose a brilliant problem for small agencies. many times you run into the problem with small, kin owned eating places. we could say a small eating place needs to take out the previous dinner counter, and upload greater boths for seating fairly. they might additionally could replace the bogs, to alter into completely handicapped accessable, and the front enterance to alter into handicap accesable. it incredibly is why right here interior the states, a small company in an older (or maybe historic) construction will by no skill replace. whilst they stick to for a enable to replace something over a undeniable greenback volume (i think it rather is $2500) they could replace each and all of the handicap stuff additionally. So because of the fact the financial business enterprise is in an older construction, it rather is secure right here interior the States. on the different hand, the female might perhaps have the skill to sue, and benefit get admission to. ~Garnet Permaculture homesteading/farming over 20 years
Tavy
2010-09-10 10:56:37 UTC
You really do need a Solicitor for this one. I lived on an unadopted road and no one would take any ownership for repairs or any problems we had. I would have thought logically that he cannot 'take it over' and put in bollards as it does not belong to him.
Flash1977
2010-09-10 09:18:05 UTC
I would have thought the council would have looked into this before giving it, as its a listed building. Did you ask to park on his property when he first bought it? or did think he wouldn't mind?


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