I rent a property which includes a (Private owned by my landlord) Village Green at the front which is grass. This Village Green is frequently used for parking which as I understand it is illegal. The Parish Council is not interested in taking any action even though care of the land is vested to them. I have bcome responsible for care and maintenance of the green by default as the Parish Council will only cut the grass 4 times per year.My question is whether there is any action I or the land owner I can take to ensure the Parish Council fulfill their responsibilities? If this is not possible or is likely then is the land owner within his rights to erect measures that prevent vehicluar access (i.e. bollards) but which allow lawful use of the Village Green to carry on unhindered?
Province/Country relating to question : England
Contact with landlord and Parish Council
HiThank you for your question and welcome to Just Answer. I will try to help with this. Please RATE my answer OK SERVICE or above.Why do you think parking there is illegal?Who owns the village green?
Hello,To answer your questions in order:I think parking is illegal because the law says it is! Commons Act 1876 (Section 29)! Really...If you read the first sentence of my question it states that the Village Green is privately owned by my landlord. I hope this is unambiguous for you!
I think I'm going to opt out.
Relist: Answer quality.As I got a reply that indicated the 'Expert' did not read the original question and also does not have any expertise in the area I am requesting another answer from someone more competent. Failing that I will not be paying for this service.
Hi,Thanks for your question. If I have provided you with an answer, kindly click ACCEPT.Hi,You state that the land is a 'village green'. Do you know how long the area has been used by the public?Does the area provide access to anywhere?Does your lease/tenancy refer to maintenance and upkeep of the area?Many thanks,
Hi,It has been registered as a village green since aroundt the 1960's but in effect it is not used by the public for recreation as it is too small (about 10m x 10m). The only use it gets from the public is cars parking on itThere is no access to anywhere through this green (it is next to a single track road).The lease makes refernece to upkeep of the 'property' and 'gardens'which I take to include the Village Green part as this is included within the property boundary, We are happy to maintain the area.Regards,Chris
Hi,If the area is included within the boundaries of the property specified on the Land Registry Plans, you should be able to erect some form of fencing around the area as it would be deemed to be the demised property. You would obviously need to obtain the appropriate consent from your Landlord.I hope this answers your question. If so, kindly rate the answer and provide feedback. I will then be happy to answer any follow up questions.Many thanks,
LL.B, Pg.Dip LPC, LL.M, Higher Rights Civil, M.B.A (Pending)
Hi,I forgot to mention that you would also need to check with your local council if you require permission to erect fencing of a particular nature.I hope this answers your question. If so, kindly rate the answer and provide feedback. I will then be happy to answer any follow up questions.Many thanks,
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