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markzoom April 9th 05 07:59 PM

preventing parking
 
What are my rights?
There is a track which runs adjacent to the wall of my house which
provides access to eight garages (including my own)and another house.
It is not registered as belonging to anyone and is not public. It is
about 2 vehicles wide. To still allow access to the garages, cars
occasionally park less than 60cms from my house wall,
sometimes in front of my living room window, sometimes in front of my
kitchen window and external gas meter and flue. Someone slamming their
car door or running the engine makes my house vibrate, sometimes at
night. The bleep from a remote car door opener would wake me.

1) Do I have rights to prevent people parking this close to my house?
2) Do I have rights to claim the parking spaces my own and erect a
"private parking" notice?

M.K.

Bob Eager April 9th 05 08:12 PM

On Sat, 9 Apr 2005 18:59:30 UTC, (markzoom)
wrote:

What are my rights?
There is a track which runs adjacent to the wall of my house which
provides access to eight garages (including my own)and another house.
It is not registered as belonging to anyone and is not public. It is
about 2 vehicles wide. To still allow access to the garages, cars
occasionally park less than 60cms from my house wall,
sometimes in front of my living room window, sometimes in front of my
kitchen window and external gas meter and flue. Someone slamming their
car door or running the engine makes my house vibrate, sometimes at
night. The bleep from a remote car door opener would wake me.

1) Do I have rights to prevent people parking this close to my house?
2) Do I have rights to claim the parking spaces my own and erect a
"private parking" notice?


I think it's all down to the owner of the track. I don't think you have
any of the rights mentioned above (IANAL).

If it really is a private track, buy a couple of old cars and park them
there...

--
Bob Eager
begin a new life...dump Windows!

Dave Jones April 9th 05 08:57 PM


"markzoom" wrote in message
om...
What are my rights?
There is a track which runs adjacent to the wall of my house which
provides access to eight garages (including my own)and another house.
It is not registered as belonging to anyone and is not public. It is
about 2 vehicles wide. To still allow access to the garages, cars
occasionally park less than 60cms from my house wall,
sometimes in front of my living room window, sometimes in front of my
kitchen window and external gas meter and flue. Someone slamming their
car door or running the engine makes my house vibrate, sometimes at
night. The bleep from a remote car door opener would wake me.

1) Do I have rights to prevent people parking this close to my house?
2) Do I have rights to claim the parking spaces my own and erect a
"private parking" notice?

M.K.


Try and find out who the land belongs to, it might belong to the house but
be required for access, if so put a sign up and clamp any unauthorised
parking, charging them £100 parking fine! (Could be a nice little earner!)

Or have a word with the other garage owners and put a gate across the
access, giving them all keys of course, but then again it might be one of
them parking their!

Or put one of these
http://www.screwfix.com/app/sfd/cat/...75111&id=34974 near by your
wall.





Rick April 9th 05 09:53 PM

On 9 Apr 2005 19:12:10 GMT, "Bob Eager" wrote:

On Sat, 9 Apr 2005 18:59:30 UTC, (markzoom)
wrote:

What are my rights?
There is a track which runs adjacent to the wall of my house which
provides access to eight garages (including my own)and another house.
It is not registered as belonging to anyone and is not public. It is
about 2 vehicles wide. To still allow access to the garages, cars
occasionally park less than 60cms from my house wall,
sometimes in front of my living room window, sometimes in front of my
kitchen window and external gas meter and flue. Someone slamming their
car door or running the engine makes my house vibrate, sometimes at
night. The bleep from a remote car door opener would wake me.

1) Do I have rights to prevent people parking this close to my house?
2) Do I have rights to claim the parking spaces my own and erect a
"private parking" notice?


I think it's all down to the owner of the track. I don't think you have
any of the rights mentioned above (IANAL).

If it really is a private track, buy a couple of old cars and park them
there...


Soulds the best solution. If you don't own the track, anything you do
might be in breach of the conditions that allow you passage over it to
your garrage.

I'd ask the land registry who does own it, its quite easy & cheep.

Rick


Rusty April 9th 05 10:15 PM


"markzoom" wrote in message
om...
What are my rights?
There is a track which runs adjacent to the wall of my house which
provides access to eight garages (including my own)and another house.
It is not registered as belonging to anyone and is not public. It is
about 2 vehicles wide. To still allow access to the garages, cars
occasionally park less than 60cms from my house wall,
sometimes in front of my living room window, sometimes in front of my
kitchen window and external gas meter and flue. Someone slamming their
car door or running the engine makes my house vibrate, sometimes at
night. The bleep from a remote car door opener would wake me.

1) Do I have rights to prevent people parking this close to my house?
2) Do I have rights to claim the parking spaces my own and erect a
"private parking" notice?


AIUI if the land owner cannot be traced it belongs to the parish or town
council and comes under highway rules. If they wanted to they could
install double yellow lines, but they wouldn't want to if there is no
traffic obstruction and I don't think the parking causing a nuisance to one
house would weigh very heavily with them.
Is it an unadopted dirt track, if not who tarmacs it.
I will see if I can check up on this as it happens a lot in my village which
has a lot of unowned streets.

rusty



andrewpreece April 9th 05 10:57 PM


"markzoom" wrote in message
om...
What are my rights?
There is a track which runs adjacent to the wall of my house which
provides access to eight garages (including my own)and another house.
It is not registered as belonging to anyone and is not public. It is
about 2 vehicles wide. To still allow access to the garages, cars
occasionally park less than 60cms from my house wall,
sometimes in front of my living room window, sometimes in front of my
kitchen window and external gas meter and flue. Someone slamming their
car door or running the engine makes my house vibrate, sometimes at
night. The bleep from a remote car door opener would wake me.

1) Do I have rights to prevent people parking this close to my house?
2) Do I have rights to claim the parking spaces my own and erect a
"private parking" notice?

M.K.


Park a trailer on it.

Andy.



Mike April 9th 05 11:12 PM


"markzoom" wrote in message
om...
What are my rights?
There is a track which runs adjacent to the wall of my house which
provides access to eight garages (including my own)and another house.
It is not registered as belonging to anyone and is not public. It is
about 2 vehicles wide. To still allow access to the garages, cars
occasionally park less than 60cms from my house wall,
sometimes in front of my living room window, sometimes in front of my
kitchen window and external gas meter and flue. Someone slamming their
car door or running the engine makes my house vibrate, sometimes at
night. The bleep from a remote car door opener would wake me.

1) Do I have rights to prevent people parking this close to my house?
2) Do I have rights to claim the parking spaces my own and erect a
"private parking" notice?



You probably don't have these rights but a half dozen plastic traffic cones
should do the trick anyway.



Gel April 10th 05 08:28 AM

Or you could buy a load of ballast which accidentally fell
off on relevant area, or some big planks of timber that take 2 people
to shift


markzoom April 10th 05 09:17 AM

"Bob Eager" wrote in message ...
On Sat, 9 Apr 2005 18:59:30 UTC, (markzoom)
wrote:

What are my rights?
There is a track which runs adjacent to the wall of my house which
provides access to eight garages (including my own)and another house.
It is not registered as belonging to anyone and is not public. It is
about 2 vehicles wide. To still allow access to the garages, cars
occasionally park less than 60cms from my house wall,
sometimes in front of my living room window, sometimes in front of my
kitchen window and external gas meter and flue. Someone slamming their
car door or running the engine makes my house vibrate, sometimes at
night. The bleep from a remote car door opener would wake me.

1) Do I have rights to prevent people parking this close to my house?
2) Do I have rights to claim the parking spaces my own and erect a
"private parking" notice?


I think it's all down to the owner of the track. I don't think you have
any of the rights mentioned above (IANAL).

If it really is a private track, buy a couple of old cars and park them
there...



There is no owner on paper, not even the council. Though 8 garages,
1house, my house, the environment agency and rail maintenance people
have used it for access for many years.
Ideally I want to keep the side of my house clear of cars, or use it
for temporary visitors parking.

markzoom April 10th 05 09:40 AM

"Rusty" wrote in message ...
"markzoom" wrote in message
om...
What are my rights?
There is a track which runs adjacent to the wall of my house which
provides access to eight garages (including my own)and another house.
It is not registered as belonging to anyone and is not public. It is
about 2 vehicles wide. To still allow access to the garages, cars
occasionally park less than 60cms from my house wall,
sometimes in front of my living room window, sometimes in front of my
kitchen window and external gas meter and flue. Someone slamming their
car door or running the engine makes my house vibrate, sometimes at
night. The bleep from a remote car door opener would wake me.

1) Do I have rights to prevent people parking this close to my house?
2) Do I have rights to claim the parking spaces my own and erect a
"private parking" notice?


AIUI if the land owner cannot be traced it belongs to the parish or town
council and comes under highway rules. If they wanted to they could
install double yellow lines, but they wouldn't want to if there is no
traffic obstruction and I don't think the parking causing a nuisance to one
house would weigh very heavily with them.
Is it an unadopted dirt track, if not who tarmacs it.
I will see if I can check up on this as it happens a lot in my village which
has a lot of unowned streets.

rusty


That would be good, thanks.
I am under the impression that I have some kind of say over what
happens within 1M of my house walls. I also have two windows facing
it, which would be partly obscured by a parked vehicle. There is also
a gas meter+gas stop cock and a low gas flue on the wall.

The other thing is that I sometimes get comments from the garage
owners about vehicles parked there which are zilch to do with me,
though about twice a week my friends/visitors park there (sensibly)
since I only have one parking space. I've therefore been telling
strangers not to park there.

Some neighbours say that nobody should park there but it would be me
who would end up policing it, something which I would have little
incentive to do if I can't occasionally use it. I would have to switch
to parking nazi mode twice a week and that's just not worth the aggro.

markzoom April 10th 05 09:42 AM

"Mike" wrote in message ...
"markzoom" wrote in message
om...
What are my rights?
There is a track which runs adjacent to the wall of my house which
provides access to eight garages (including my own)and another house.
It is not registered as belonging to anyone and is not public. It is
about 2 vehicles wide. To still allow access to the garages, cars
occasionally park less than 60cms from my house wall,
sometimes in front of my living room window, sometimes in front of my
kitchen window and external gas meter and flue. Someone slamming their
car door or running the engine makes my house vibrate, sometimes at
night. The bleep from a remote car door opener would wake me.

1) Do I have rights to prevent people parking this close to my house?
2) Do I have rights to claim the parking spaces my own and erect a
"private parking" notice?



You probably don't have these rights but a half dozen plastic traffic cones
should do the trick anyway.



They might, until the disappear....
I am under the impression that I have some say over what happens
within 1M of my house walls.

markzoom April 10th 05 09:47 AM

"andrewpreece" wrote in message ...
"markzoom" wrote in message
om...
What are my rights?
There is a track which runs adjacent to the wall of my house which
provides access to eight garages (including my own)and another house.
It is not registered as belonging to anyone and is not public. It is
about 2 vehicles wide. To still allow access to the garages, cars
occasionally park less than 60cms from my house wall,
sometimes in front of my living room window, sometimes in front of my
kitchen window and external gas meter and flue. Someone slamming their
car door or running the engine makes my house vibrate, sometimes at
night. The bleep from a remote car door opener would wake me.

1) Do I have rights to prevent people parking this close to my house?
2) Do I have rights to claim the parking spaces my own and erect a
"private parking" notice?

M.K.


Park a trailer on it.

Andy.


Hmm, then my friends could park on the trailer!
I do get on cordially with my neighbours but that would be a declaration of war.
M.K.

tony sayer April 10th 05 10:44 AM

In article , markzoom
writes
"Mike" wrote in message
k...
"markzoom" wrote in message
om...
What are my rights?
There is a track which runs adjacent to the wall of my house which
provides access to eight garages (including my own)and another house.
It is not registered as belonging to anyone and is not public. It is
about 2 vehicles wide. To still allow access to the garages, cars
occasionally park less than 60cms from my house wall,
sometimes in front of my living room window, sometimes in front of my
kitchen window and external gas meter and flue. Someone slamming their
car door or running the engine makes my house vibrate, sometimes at
night. The bleep from a remote car door opener would wake me.

1) Do I have rights to prevent people parking this close to my house?
2) Do I have rights to claim the parking spaces my own and erect a
"private parking" notice?



You probably don't have these rights but a half dozen plastic traffic cones
should do the trick anyway.



They might, until the disappear....
I am under the impression that I have some say over what happens
within 1M of my house walls.


Stick up a bit sign saying "DANGER RADIOACTIVE" ?......
--
Tony Sayer


Andrew McKay April 10th 05 12:34 PM

On 9 Apr 2005 11:59:30 -0700, (markzoom) wrote:

There is a track which runs adjacent to the wall of my house which


Just a thought, but buy a couple of those plastic dog turds from a
joke shop and glue them to the road surface. It's amazing how far
people will go to avoid parking on dog do-do! And especially if they
think they might have to walk in it as they get out of the car.....

Andrew

Please note that the email address used for posting
usenet messages is configured such that my antispam
filter will automatically update itself so that the
senders email address is flagged as spam. If you do
need to contact me please visit my web site and
submit an enquiry -
http://www.kazmax.co.uk


simon beer April 10th 05 12:51 PM


"markzoom" wrote in message
om...
"Mike" wrote in message

...
"markzoom" wrote in message
om...



You probably don't have these rights but a half dozen plastic traffic

cones
should do the trick anyway.



They might, until the disappear....
I am under the impression that I have some say over what happens
within 1M of my house walls.


Don't know what on earth gives you that idea. Probably truth be told, if you
ever found out who actually owned the piece of land, you may find that your
external gas meter and flue is invading their space!



[news] April 10th 05 12:54 PM

Andrew McKay wrote:
On 9 Apr 2005 11:59:30 -0700, (markzoom) wrote:

There is a track which runs adjacent to the wall of my house which


Just a thought, but buy a couple of those plastic dog turds from a
joke shop and glue them to the road surface. It's amazing how far
people will go to avoid parking on dog do-do! And especially if they
think they might have to walk in it as they get out of the car.....

Andrew


good one BUT the OP must do this ONLY if they set up a wbcam of the
scene and post the times that parkers .. park and, of curse, the url :-)



RT



Peter Parry April 10th 05 02:12 PM

On 10 Apr 2005 01:42:38 -0700, (markzoom)
wrote:


I am under the impression that I have some say over what happens
within 1M of my house walls.


Only if you build your house 1m inside your boundary.


--
Peter Parry.
http://www.wpp.ltd.uk/

Dave Plowman (News) April 10th 05 02:32 PM

In article ,
markzoom wrote:
I am under the impression that I have some kind of say over what
happens within 1M of my house walls.


I doubt it. There are plenty of examples round here of house walls being
the boundary to a right of way, etc.

--
*Eat well, stay fit, die anyway

Dave Plowman London SW
To e-mail, change noise into sound.

:::Jerry:::: April 10th 05 03:16 PM


"Dave Plowman (News)" wrote in message
...
In article ,
markzoom wrote:
I am under the impression that I have some kind of say over what
happens within 1M of my house walls.


I doubt it. There are plenty of examples round here of house walls

being
the boundary to a right of way, etc.


Could what Mark is thinking about be to do with excavation and
foundations ?



nightjar April 10th 05 03:16 PM


"markzoom" wrote in message
m...
.....
I am under the impression that I have some kind of say over what
happens within 1M of my house walls.


In general, your rights stop at the edge of your property and, if part of
that property is a highway, they may not even extend that far. When you
bought the house, your solicitor should have established who owned the lane
and what rights of access you and others had over it.

I also have two windows facing
it, which would be partly obscured by a parked vehicle. There is also
a gas meter+gas stop cock and a low gas flue on the wall....


Irrelevant.

If it were me, I would simply put up some no waiting signs on the wall.
Providing you use ones that comply with the Traffic Signbs Regulations and
General Directions 2002, rather than ones that look home-made, they can be
surprisingly effective.

Colin Bignell



nightjar April 10th 05 03:31 PM


"markzoom" wrote in message
om...
What are my rights?
There is a track which runs adjacent to the wall of my house which
provides access to eight garages (including my own)and another house.
It is not registered as belonging to anyone and is not public....


The fact that it is not recorded as having an owner at the Land Registry
only means that it has not changed ownership since registration became
compulsory. It does not mean that nobody owns the land. There is no such
thing as unowned land in England, although tracing who does own the land
might not be possible. A solicitor might be able to find out who owns it,
and could advise you as to whether you, either alone or jointly with the
other garage / house owners, have any chance of gaining ownership by adverse
possession.

Colin Bignell



Mary Fisher April 10th 05 05:06 PM


"nightjar .uk.com" nightjar@insert_my_surname_here wrote in message

If it were me, I would simply put up some no waiting signs on the wall.
Providing you use ones that comply with the Traffic Signbs Regulations and
General Directions 2002, rather than ones that look home-made, they can be
surprisingly effective.


I wanted the manager of the offices (part of the NHS) opposite our house to
do somethng like that. He said he couldn't because he'd have had to obtain
planning permission. I should have remembered that we (school governors)
could get permission for a similar notice, fixed to a wall with the owner's
consent, directing people to the tucked-away school.

Mary

Colin Bignell




markzoom April 10th 05 07:21 PM

Andrew McKay wrote in message . ..
On 9 Apr 2005 11:59:30 -0700, (markzoom) wrote:

There is a track which runs adjacent to the wall of my house which


Just a thought, but buy a couple of those plastic dog turds from a
joke shop and glue them to the road surface. It's amazing how far
people will go to avoid parking on dog do-do! And especially if they
think they might have to walk in it as they get out of the car.....

Andrew


LOL, yes, although real doggies might see it as an invitation to leave
more messages.
M.K.


Please note that the email address used for posting
usenet messages is configured such that my antispam
filter will automatically update itself so that the
senders email address is flagged as spam. If you do
need to contact me please visit my web site and
submit an enquiry -
http://www.kazmax.co.uk

markzoom April 10th 05 07:26 PM

"nightjar" wrote in message ...
"markzoom" wrote in message
m...
....
I am under the impression that I have some kind of say over what
happens within 1M of my house walls.


In general, your rights stop at the edge of your property and, if part of
that property is a highway, they may not even extend that far. When you
bought the house, your solicitor should have established who owned the lane
and what rights of access you and others had over it.

I also have two windows facing
it, which would be partly obscured by a parked vehicle. There is also
a gas meter+gas stop cock and a low gas flue on the wall....


Irrelevant.


I would have thought that obstruction of a main gas cock and meter
would be highly relevant.
M.K.


If it were me, I would simply put up some no waiting signs on the wall.
Providing you use ones that comply with the Traffic Signbs Regulations and
General Directions 2002, rather than ones that look home-made, they can be
surprisingly effective.

Colin Bignell


Rick April 10th 05 07:49 PM

On 10 Apr 2005 01:17:25 -0700, (markzoom)
wrote:

"Bob Eager" wrote in message ...
On Sat, 9 Apr 2005 18:59:30 UTC,
(markzoom)
wrote:

What are my rights?
There is a track which runs adjacent to the wall of my house which
provides access to eight garages (including my own)and another house.
It is not registered as belonging to anyone and is not public. It is
about 2 vehicles wide. To still allow access to the garages, cars
occasionally park less than 60cms from my house wall,
sometimes in front of my living room window, sometimes in front of my
kitchen window and external gas meter and flue. Someone slamming their
car door or running the engine makes my house vibrate, sometimes at
night. The bleep from a remote car door opener would wake me.

1) Do I have rights to prevent people parking this close to my house?
2) Do I have rights to claim the parking spaces my own and erect a
"private parking" notice?


I think it's all down to the owner of the track. I don't think you have
any of the rights mentioned above (IANAL).

If it really is a private track, buy a couple of old cars and park them
there...



There is no owner on paper, not even the council. Though 8 garages,
1house, my house, the environment agency and rail maintenance people
have used it for access for many years.
Ideally I want to keep the side of my house clear of cars, or use it
for temporary visitors parking.


I am sure there is a procedure for ckaiming ownership of unowned land,
is something like you stake a claim, everybody has 25 years to
disprove it, its yours.

Rick


Dave April 10th 05 09:57 PM

markzoom wrote:
What are my rights?
There is a track which runs adjacent to the wall of my house which
provides access to eight garages (including my own)and another house.
It is not registered as belonging to anyone and is not public. It is
about 2 vehicles wide. To still allow access to the garages, cars
occasionally park less than 60cms from my house wall,
sometimes in front of my living room window, sometimes in front of my
kitchen window and external gas meter and flue. Someone slamming their
car door or running the engine makes my house vibrate, sometimes at
night. The bleep from a remote car door opener would wake me.

1) Do I have rights to prevent people parking this close to my house?
2) Do I have rights to claim the parking spaces my own and erect a
"private parking" notice?

M.K.


I can only advise you to obtain a copy of your deeds and see what they
say about this land.

If, as you say, you have a garage that forces you to drive over this
land, then I would think that your deeds will mention your rights of
access over it.

I am in a similar situation, but at the front of my hose. The deeds
state that I can park there, (they were badly put together, along with
lots of other deeds in this area) but I also have rights of access over
it along with my four neighbours who share this right. As soon as any
one parks on it, we all lose the right of passage over it. It's as
simple as that.

Dave

nightjar April 11th 05 12:01 AM


"markzoom" wrote in message
om...
"nightjar" wrote in message
...
"markzoom" wrote in message
m...
....
I am under the impression that I have some kind of say over what
happens within 1M of my house walls.


In general, your rights stop at the edge of your property and, if part of
that property is a highway, they may not even extend that far. When you
bought the house, your solicitor should have established who owned the
lane
and what rights of access you and others had over it.

I also have two windows facing
it, which would be partly obscured by a parked vehicle. There is also
a gas meter+gas stop cock and a low gas flue on the wall....


Irrelevant.


I would have thought that obstruction of a main gas cock and meter
would be highly relevant.


It is totally irrelevant to the question of what rights you may have over
the road. Whether you have rights over the road, which you seem to be unable
to prove, might be relevant to whether that is the proper place to have a
gas meter and gas cock though.

Colin Bignell



nightjar April 11th 05 12:08 AM


"Rick" wrote in message
...
....

I am sure there is a procedure for ckaiming ownership of unowned land,
is something like you stake a claim, everybody has 25 years to
disprove it, its yours.


It is called adverse possession. It used to be that you could claim land if
you could demonstrate an unopposed use of that land (it has to be an actual
use, for example growing crops or grazing sheep) for 12 years or you could
claim a right of way if you could demonstrate an unopposed use of the path
or road over 20 years. However, the rules were tightened up a couple of
years ago and it is more difficult now. It really needs professional advice
to do it.

Colin Bignell



Rusty April 11th 05 09:08 AM


rusty


That would be good, thanks.



Unfortunately my expert with the legal books is at home with flu, but I
found this on the web about unadopted roads
http://www.barsby.com/article3.pdf
So it looks like it's a legal minefield. See also this parliamentary
question on unadopted roads, which come under the highways act 1980 sections
205-218.
http://www.publications.parliament.u...t/20717w20.htm
Your first option is probably to write to the clerk of the town/parish
council and ask an opinion. They will have seen similar local problems and
will tell you what is legally feasible. Which is probably not a lot.

The residents in a private street of about 20 houses hereabouts put up their
own no-parking notices along the lines of "This is a private road, no
parking, no turning". As long as the council turns a blind eye, as they
probably will, this might have some effect (especially if you drew a fuzzy
wheel clamp picture on it), however it has no legal force and a busybody can
try to have the signs removed. As this itself would be a legal procedure,
and there are probably no penalties for putting the signs up anyway, you
would be pretty safe for a few years.



rusty







markzoom April 11th 05 09:35 AM

"nightjar" wrote in message ...
"markzoom" wrote in message
om...
"nightjar" wrote in message
...
"markzoom" wrote in message
m...
....
I am under the impression that I have some kind of say over what
happens within 1M of my house walls.

In general, your rights stop at the edge of your property and, if part of
that property is a highway, they may not even extend that far. When you
bought the house, your solicitor should have established who owned the
lane
and what rights of access you and others had over it.

I also have two windows facing
it, which would be partly obscured by a parked vehicle. There is also
a gas meter+gas stop cock and a low gas flue on the wall....

Irrelevant.


I would have thought that obstruction of a main gas cock and meter
would be highly relevant.


It is totally irrelevant to the question of what rights you may have over
the road. Whether you have rights over the road, which you seem to be unable
to prove, might be relevant to whether that is the proper place to have a
gas meter and gas cock though.

Colin Bignell



It's been there ever since the house had gas (a long time) so I would
have thought that I gained adverse right of access to it? It's also a
safety issue that access to it remains clear.
M.K.

Owain April 11th 05 12:34 PM

markzoom wrote:
I would have thought that obstruction of a main gas cock and meter
would be highly relevant.

It is totally irrelevant to the question of what rights you may have over
the road. Whether you have rights over the road, which you seem to be unable
to prove, might be relevant to whether that is the proper place to have a
gas meter and gas cock though.

It's been there ever since the house had gas (a long time) so I would
have thought that I gained adverse right of access to it? It's also a
safety issue that access to it remains clear.


There is no 'adverse right of access' because you already *have* a right
of access along that lane. There is no adverse possession because you
have not taken exclusive possession of the land, you have simply
overhung it.

Owain



simon beer April 11th 05 03:51 PM


"markzoom" wrote in message
om...
"nightjar" wrote in message

...
"markzoom" wrote in message
om...
"nightjar" wrote in message
...
"markzoom" wrote in message
m...
....
I am under the impression that I have some kind of say over what
happens within 1M of my house walls.

In general, your rights stop at the edge of your property and, if

part of
that property is a highway, they may not even extend that far. When

you
bought the house, your solicitor should have established who owned

the
lane
and what rights of access you and others had over it.

I also have two windows facing
it, which would be partly obscured by a parked vehicle. There is

also
a gas meter+gas stop cock and a low gas flue on the wall....

Irrelevant.

I would have thought that obstruction of a main gas cock and meter
would be highly relevant.


It is totally irrelevant to the question of what rights you may have

over
the road. Whether you have rights over the road, which you seem to be

unable
to prove, might be relevant to whether that is the proper place to have

a
gas meter and gas cock though.

Colin Bignell



It's been there ever since the house had gas (a long time) so I would
have thought that I gained adverse right of access to it? It's also a
safety issue that access to it remains clear.
M.K.


I expect you would find that it is you that has had to have had the access
to it, not how long the meter has been there to accrue any rights. If it
really is that much of a safety issue to you get your meter moved on to your
own land where you have complete control over it and get your flue lifted
higher.



s--p--o--n--i--x April 11th 05 04:16 PM

On 9 Apr 2005 11:59:30 -0700, (markzoom) wrote:

What are my rights?
There is a track which runs adjacent to the wall of my house which
provides access to eight garages (including my own)and another house.
It is not registered as belonging to anyone and is not public. It is
about 2 vehicles wide. To still allow access to the garages, cars
occasionally park less than 60cms from my house wall,
sometimes in front of my living room window, sometimes in front of my
kitchen window and external gas meter and flue. Someone slamming their
car door or running the engine makes my house vibrate, sometimes at
night. The bleep from a remote car door opener would wake me.


You'd be well within your rights to put a "Private
parking-Wheelclamping in operation" sign on YOUR wall, next to the
track

So long as you didn't actually clamp any vehicles on the "unowned"
track you'd not get into trouble, but hopefully it'd scare people into
not parking there.

sponix

markzoom April 12th 05 01:05 AM

"Rusty" wrote in message ...
rusty


That would be good, thanks.



Unfortunately my expert with the legal books is at home with flu, but I
found this on the web about unadopted roads
http://www.barsby.com/article3.pdf
So it looks like it's a legal minefield. See also this parliamentary
question on unadopted roads, which come under the highways act 1980 sections
205-218.
http://www.publications.parliament.u...t/20717w20.htm
Your first option is probably to write to the clerk of the town/parish
council and ask an opinion. They will have seen similar local problems and
will tell you what is legally feasible. Which is probably not a lot.

The residents in a private street of about 20 houses hereabouts put up their
own no-parking notices along the lines of "This is a private road, no
parking, no turning". As long as the council turns a blind eye, as they
probably will, this might have some effect (especially if you drew a fuzzy
wheel clamp picture on it), however it has no legal force and a busybody can
try to have the signs removed. As this itself would be a legal procedure,
and there are probably no penalties for putting the signs up anyway, you
would be pretty safe for a few years.



rusty



Hmm, very interesting!
Thanks for the info. I have actually put "89 Private parking" on my
wall which has had some effect in keeping people away. I think the
people using it (legitimately) for access actually prefer not to have
anyone parking there as it's easier to use the drive and garages, so
they haven't taken any action as I only let my visitors use it twice a
week and tell others to move on.

I think the numerous neighbours with access twigged that it's the
least of various evils, since, if I didn't bother keeping people off
it, there would be cars parked there all the time. I would have much
less incentive to move strangers if I couldn't use it myself and they
can't be bothered.

They probably also realise that future owners of my house might not
give a blind hoot and park there permanently regardless, as well as
strangers, since the house only has one tiny garage and one private
parking space. There might be a chance that the "89 Private..." sign
would give a future owner of my house posession of the parking spaces
next to the house (adversly?). Again, from the point of view of
neighbours using the access, that would be the least of evils since it
would at least be clear of cars when the new owner wasn't in.

It sure is complicated...

M.K.

Rusty April 12th 05 09:21 AM


"markzoom" wrote in message
m...
"Rusty" wrote in message
...
rusty

That would be good, thanks.



There might be a chance that the "89 Private..." sign
would give a future owner of my house posession of the parking spaces
next to the house (adversly?). Again, from the point of view of
neighbours using the access, that would be the least of evils since it
would at least be clear of cars when the new owner wasn't in.




If your house is #89 it must be on the corner of the main road and the side
road which rings a lot of bells. From experience here, one way you could
get a no parking order would be if traffic was finding it difficult getting
off the main road due to persistent bad parking in the side road and backing
up or obstructing traffic in the main road as a consequence. But the police
would need to investigate and support the application with evidence from
neighbours and the application needs to go via the parish/town council and
get approval by the county inspector of highways. There will be a queue of
hundreds of such applications and yours will be a small scale one at the
bottom of the list so you could well be waiting for 4 to 5 years as it
grinds on its way through the system, so its a major project.

And the downside is, while it's hard to get a parking order, it's even
harder, if not actually impossible, to get rid of one. So if you
succeeded, you or a new owner would effectively be prevented from parking up
at the side of your own house for generations to come.

Tricks used here are (a) to find some red cones and put those out (probably
illegal) (b) get a smallish old banger and park it outside your own house
permanently (probably legal). This would cost you the tax disk and MOT per
annum.

rusty



:::Jerry:::: April 12th 05 09:58 AM


"markzoom" wrote in message
m...
snip

Hmm, very interesting!
Thanks for the info. I have actually put "89 Private parking" on my

snip the other babble

I don't know what you are worrying about, in another thread you kept
telling everyone that you were ****ing off abroad so solutions didn't
have to apply to UK regs....



Bob Eager April 12th 05 10:19 AM

On Tue, 12 Apr 2005 08:21:33 UTC, "Rusty"
wrote:

(b) get a smallish old banger and park it outside your own house
permanently (probably legal). This would cost you the tax disk and MOT per
annum.


I did suggest that a way back. Of course, if it really is a private road
then tax/MOT are not necessary - just SORN, which is free.

--
Bob Eager
begin a new life...dump Windows!

Pete C April 12th 05 09:20 PM

On 9 Apr 2005 11:59:30 -0700, (markzoom) wrote:

What are my rights?
There is a track which runs adjacent to the wall of my house which
provides access to eight garages (including my own)and another house.
It is not registered as belonging to anyone and is not public. It is
about 2 vehicles wide. To still allow access to the garages, cars
occasionally park less than 60cms from my house wall,
sometimes in front of my living room window, sometimes in front of my
kitchen window and external gas meter and flue. Someone slamming their
car door or running the engine makes my house vibrate, sometimes at
night. The bleep from a remote car door opener would wake me.

1) Do I have rights to prevent people parking this close to my house?
2) Do I have rights to claim the parking spaces my own and erect a
"private parking" notice?


Hi,

Just put a prominent notice up saying 'Absolutely NO parking in this
area, full access required for emergency vehicles. No responsibility
will be taken for damage to vehicles in the event of any emergency'

Then remind people who park there with a note to say if there is a
fire in the garage block the fire tender may need to shunt their car
out of the way and they'll get a bill for any damage (to the tender!)

If you can get the local fire services to back you up on this all the
better.

cheers,
Pete.

Peter Parry April 12th 05 11:10 PM

On Tue, 12 Apr 2005 21:20:39 +0100, Pete C
wrote:


Just put a prominent notice up saying 'Absolutely NO parking in this
area,


I think part of his problem is he doesn't want _no_ parking, but to
keep it reserved for himself and his friends when they want to use it
several times a week.

--
Peter Parry.
http://www.wpp.ltd.uk/

markzoom April 13th 05 09:22 AM

":::Jerry::::" wrote in message reenews.net...
"markzoom" wrote in message
m...
snip

Hmm, very interesting!
Thanks for the info. I have actually put "89 Private parking" on my

snip the other babble

I don't know what you are worrying about, in another thread you kept
telling everyone that you were ****ing off abroad so solutions didn't
have to apply to UK regs....


I will be abroad half the year, in the UK the other, initially, so
it's doubly important I sort all the anal crap in GB.
M.K.


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