Lane built on.

M

Marie M

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We bought our house 7 year years. It had previously had the benefit of a back entrance with access onto a shared lane. This had been blocked up by a group of residents backing onto that lane as the said they could not wait for the county council to put gates on either end with keys to follow to all residents.

Since then several of the residents behind have knocked down their back walls and claimed the lane into their own gardens. I have since discovered that the right of way of this lane was never disposed of. Myself and other neighbours contacted the council several times over the last few years to get this lane reinstated with gates and keys in use, as is in place and works well for everyone else in the area. The councils response has been more or less that as residents themselves caused the problem they must sort it out themselves. Should we get solicitors involved?
 
Put it this way, if you are going to do so, do so immediately as time is running against you if some of the residents have knocked their back walls and are trying to claim the space behind. However it sounds like a bit of a nightmare. Much better if you could arrange a meeting of all residents and try to get agreement by majority to either dividing up the space or reinstating the lane.
 
The lane is likely to have had a Public right of way on it.

It is very difficult to get rid of one - passage of time has nothing to do with it. It must be done by application by the Local Authority - with adverts in paper etc.

Normal private rights of way may be got rid of by indicating an intention to get rid of it. But with public rights of way there is no way for the public to indicate an intention.

Yes, get a solicitor involved.
 
Thanks for the replies, I just sent an email to County Council asking fir clarification on the matter, and when I have that in writing I'll go to a solicitor.
 
This situation is still unresolved so I am looking for more advice. Since the last post there have been consultations with the Co.council where they were trying to dispose of the right of way, this was voted against, so the right of way remains, however they say their problem now is that a "shed" was built around 7 years ago, using the two walls of the lane. Can this be classed as as a building, it is a roof covering a lane. Should we take our own action against the resident as council do not seem willing. At this point every dept seems to have an input/report but no solution.
 
As you have already been advised, the longer you let this drift the more difficult it will be to resolve. You and any likeminded neighbours should see a solicitor.
 
Can you clarify who owns the lane - is it the council or the residents?
 
Just cos its public doers not mean no one ones it. Someone owns the lane, probably the council.
 
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