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Yes it blocks it in line with the bottom edge of his property. We can no longer access our parking nor can the other people who have used it. He says as it is common land it is an offence to drive over it anyway. The current situation is that we can park on the driveway itself in front of the fence along with his tenant, however as it is narrow we have to co ordinate with them who needs to be in/out first. The others who have used it can no longer access it at all.
No he doesn't it is common land - on the land registry as no mans land. The right of way on the deeds is for owner, tenants assignees on foot or by horse and carriage, this in our deeds, his deeds and the deeds of the houses whose gardens back onto the driveway. He maintains that this does not translate to a motor vehicle and as its common land the Road Traffic Act supercedes all previous acts and states that it is an offence to drive over common land.
By car is what we and the other users have had for the last 18 years in ours case and 40 in some other cases. There is a garage at the bottom of our garden and at the bottom of one of the others we can no longer access. I am concerned that if he is correct about the common land there is no where I can go with this.
Sorry to be a pain I just want to clarify, If it is not classed as common land but is not owned by anybody what is it defined as? I want to make sure I get this right as he is a property developer with a strong financial position and I have limited resources.
Many thanks I am in contact with the council at present. You have been really helpful
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