Kent Solicitors

Question:

My back garden backs onto a road which the Council tells me is not classified as a public highway but privately owned land. Between the side of the road (it is a tarmac road) and my back fence is a strip of land about 2 foot wide. This is shown on the deeds as my land. 9 years ago we wanted to move our fence line out to the side of the road, but neighbours complained to the council. The council then told us that even though we owned the land we could not move the fence. They said I could plant trees, but not erect posts.

We now try to maintain this strip of land, but it is constantly being driven over when neighbours park their cars outside their houses narrowing the road to such an extent that to pass, vehicles drive onto our land.

I have put large logs on the land to try to stop this happening but the neighbours constantly move them.

In addition our fence is being damaged by wing mirrors of large vehicles driving on the land. I am getting nowhere with the council and what I want to know is can I errect small posts along the border to stop people driving on my land.

What can I do to resolve these issues?

Answer: The presumption is that the landowner can do what he likes with his land, subject to getting planning permission and not causing danger, harm or injury to other people.

You should ask the council to quote "chapter and verse" as to why you cannot move your fence or erect posts. Ask them whether they can object to you building a rockery there.

Some land owners place large, ‘too heavy to move’, and usually unsightly blocks of stone on their land.

You can apply to the court for a declaration that whatever your proposed plans might be, they are lawful.

Labels: Private land access and maintenance