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If you have a right to park by deemed planning permmission,

Customer Question
If you have a right...
If you have a right to park by deemed planning permmission, would this over ride some one
gaining an easement over your private land, when it is not necessary for them to acheive.
Submitted: 6 years ago.Category: Real Estate Law
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Answered in 3 minutes by:
2/27/2012
Real Estate Lawyer: cmd2008,
 replied 6 years ago
cmd2008
Category: Real Estate Law
Satisfied Customers: 3,090
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Hello and welcome to JustAnswer. If you have any questions following my answer, please let me know and I will be happy to assist further.

 

Planning permission does not override legal rights. So if there is a legal easement in place, this would take precedence.

 

Can you tell me how the easement was obtained?

cmd2008
Category: Real Estate Law
Satisfied Customers: 3,090
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cmd2008 and 87 other Real Estate Law Specialists are ready to help you
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Customer reply replied 6 years ago

 

Hi Claire,

 

The deemed planning permission was in place 10 years and put into place

for the premises to have their forecourt reshaped for parking by local authority

to save objection to their planning application for reshaping a road lay out.

 

Now they have come back and want to registered the reshaped land in their own

name and also want an easement to cross over our private land, for which we

have objected to.If we do not agree they say we have no right to park on the

rreshaped land.

 

Real Estate Lawyer: cmd2008,
 replied 6 years ago
Was there any condition attached to the planning permission giving the council this option? Are they doing this under a compulsory purchase order or the Highways Act to provide a public highway?
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