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When your road is sold to a private company
stamfordman
post Mon, 28 May 2018 - 12:47
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The undated letters addressed to “The Occupier”, were pushed through doors along a cul-de-sac in Aldershot, Hampshire, on a Thursday in November. Those who bothered to open what looked like junk mail discovered that part of the road had been sold to a private company and they would have to buy a £2.50-a-week permit to leave their cars outside their homes where free parking had been available for 50 years. They also had to pay a £75 deposit or face a £60 further charge.

One resident, Elizabeth Thomson, was caught unawares, having been away. “I came back on Sunday night in the dark and rain and parked where I have for the past 10 years,” she says. “I woke up the next morning to a £60 parking ticket, and, in the daylight, I could see two signs warning of charges which had apparently gone up on Friday evening.

https://www.theguardian.com/money/2018/may/...ppeal?CMP=fb_gu
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post Mon, 28 May 2018 - 12:47
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southpaw82
post Mon, 28 May 2018 - 14:03
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Presumably sold from one private company to another?


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The Rookie
post Mon, 28 May 2018 - 15:11
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As always any lease may be key....


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stamfordman
post Mon, 28 May 2018 - 15:59
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QUOTE (southpaw82 @ Mon, 28 May 2018 - 15:03) *
Presumably sold from one private company to another?



Story says:

Thomson lives on a former council estate of roads and cul-de-sacs built in the 1960s and sold to a housing association 30 years later. They have now discovered that only part of each cul-de-sac had been adopted by the council. The sections at the end, containing homes and garage blocks, remained in the ownership of Vivid Housing Association.

Last year, Vivid sold off the garages and adjoining land to Conshurst Investments, which introduced the parking restrictions, including bollards to prevent residents reaching their driveways. One blue-badge holder now has to leave his car a five-minute walk away from his home.

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southpaw82
post Mon, 28 May 2018 - 17:37
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The question is then whether they have acquired an easement by prescription.


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stamfordman
post Mon, 28 May 2018 - 18:03
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QUOTE (southpaw82 @ Mon, 28 May 2018 - 18:37) *
The question is then whether they have acquired an easement by prescription.



You've lost me there - sounds like relief for a painful condition.
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southpaw82
post Mon, 28 May 2018 - 18:08
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QUOTE (stamfordman @ Mon, 28 May 2018 - 19:03) *
QUOTE (southpaw82 @ Mon, 28 May 2018 - 18:37) *
The question is then whether they have acquired an easement by prescription.



You've lost me there - sounds like relief for a painful condition.

In short, if you’ve used land for a certain purpose without permission for a certain amount of time you acquire a right to carry on that use. Was 21 years when I learned it but that may have changed with the land law reforms.


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ManxRed
post Tue, 29 May 2018 - 10:34
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It could have been worse... at least it's just their driveways they are prevented from getting to.

https://www.msn.com/en-gb/news/uknews/honey...ocid=spartanntp

This post has been edited by ManxRed: Tue, 29 May 2018 - 10:44


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Michael Gibson
post Tue, 29 May 2018 - 12:41
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I'll bet any money it's Moore Close...
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The Rookie
post Tue, 29 May 2018 - 13:10
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QUOTE (stamfordman @ Mon, 28 May 2018 - 16:59) *
Last year, Vivid sold off the garages and adjoining land to Conshurst Investments

So simple question is, what on earth did Vivid think that Coshurst was going to do with the land, they weren’t buying it out of altruism that’s for sure.


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There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

S172's
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KH_
post Tue, 29 May 2018 - 16:43
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QUOTE (southpaw82 @ Mon, 28 May 2018 - 19:08) *
QUOTE (stamfordman @ Mon, 28 May 2018 - 19:03) *
QUOTE (southpaw82 @ Mon, 28 May 2018 - 18:37) *
The question is then whether they have acquired an easement by prescription.



You've lost me there - sounds like relief for a painful condition.

In short, if you’ve used land for a certain purpose without permission for a certain amount of time you acquire a right to carry on that use. Was 21 years when I learned it but that may have changed with the land law reforms.


Close, very good memory

Practice Guide 52

3.2 Only the claimant’s interest in the benefiting land is registered: registering the benefit

As explained in section 3.1, a registered proprietor may apply to be registered as proprietor of a legal easement appurtenant to their registered estate. In addition to the evidence of continuous use as of right, by or on behalf of and against the freehold owners, for a period of at least 20 years, the claimant will need to deduce the title to the burdened land and supply us with the address of the freehold owner.

Edit: Actually, it would be 21 years, it wouldn't be registered until after a full 20 years so, on the 21st year


This post has been edited by KH_: Tue, 29 May 2018 - 16:45
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