I own two properties fronting an open square in Penzance and, in common ten or so of my neighbours, have the following rights specified in the respective individual Conveyances -
"Together with a right for the Purchaser and his successors in title owner or owners for the time being of the said property and his and their undertenants servants and licensees in common with all other persons for the time being having the right like at all times hereafter by day or by night and for all purposes connected with the use and enjoyment of the property hereby conveyed and with or without horses and carts or carriages of whatever description to pass and repass over Victoria Square from Bread Street to the property hereby conveyed and vice versa TOGETHER ALSO with the benefit of such rights of way as the Vendors may have over the passageway between Nos 7 and 8 Victoria Square"

The terraced residences on three sides of the Square were constructed in what was once an small quarry and at one stage during the first half of the last century most if not all of the properties, along with the open land forming and comprising the Square was in a single ownership. The residences were sold off individually over a period of time up to the late 1950's leaving the vendor only with the open square-shaped area of land forming the frontage to all of the dwellings. At that time the fourth side of the Square there were garages that were let to the Post Office.

It is understood that the open land was sold at or about the time of the sale of the last of the dwellings to one of the residents (who resided in No 8) and operated a motor body repair business in a corner building. When that person ceased trading and sold his property in the Square it is believed that the open land was disposed of (probably as a gift) to the local authority - the Pernwith District Council who transferred it a Housing Association now superceded by the Cornwall Council.

Penwith Council then subsequently turned the open square into a formal residential parking area pursuant to the formal procedures under the Road Traffic legislation. A formal planning permission was granted (by the SAME COUNCIL) for the parking use which incorporated a restriction preventing residents from extending "their property on to the common", i.e. the open square over which their title deed s gives them inherent rights of usage and enjoyment. It is not known what if any consultation took place with the residents at that time but it seems that there was no major objection as all residents were offered a parking space aat a very minimal annual charge. It seems that the promised aesthetic improvements to the surface and layout of the open area could have had some bearing in the matter. It has also been suggested that more parking permits were/are being issued than the spaces that exist.
The matter has been brought to a head of late buy the minimal charge (originally £1 per annum) proposed to be doubled from its current £120 to £240 and then to £450.

In the 1950's only very few of the residents had cars and they (and their visitors) could park anywhere they wished on the 'square' without interuption. The matter has now come to a head with the Cornwall Council who in response to representations have amended their increase in the next financial year to £10. However, it seems that there was no formal conveyance document when the land was transferred to the local District Council. The Cornwall Council however are now adamant that they have acted in no way unlawfully as they are still permitting, magnanimously so in their opinion, access from the public to the highway over a defined route over the perimeter of the Square.

I apologise for writing at length but I wanted to explain the circumstances as fully as possible. The Cornwall Council insist that they have done nothing to infringe the rights that have for a great many years have been, and STILL ARE BEING, handed on via the title deeds of successive owners. They also contend that the Parking Places Order is legal as is their right to levy parking fees. This latter point is of course not disputed - what is both questioned and disputed is the initial right to make an Order under traffic legislation that in effect denies the residents their rights in perpetuity to "enjoy" the whole or any part of the open area of Victoria Square. This includes their rights in perpetuity, which were exercised in practise up until the Parking Order was made and the individual spaces laid out, to pass and repass (in vehicles or on foot) over the whole open space. The residents are now considering challenging Cornwall Council (and its predecessors) as to their rights and legality in making the Order in the first place and the nullification of the rights as granted through their title deeds. Your advice would be appreciated.
Paul Gooding (XXXXX@XXXXXX.XXX)

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Province/Country relating to question : Penzance, Cornwall, UK

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