Right of way onto our allotment.

Right of way onto our allotment.

Postby Sian » Fri Nov 03, 2017 9:53 pm

Hi.
The council are giving our allotments to a commitee of allotment owners.
We are all happy about this as we all get on and the council are useless.
They have said that before handover, they will secure all the allotments, get rid of all the gates from peoples gardens onto their allotments and provide keys to the entrances.
My father, who is 81, has worked his allotment at the bottom of his garden for over 30 years.
I have said that if they take away his gate, he will not be able to walk around to the entrance and thus will no longer have his only pleasure in life taken away.
Someone had mentioned, right of way but I'm not sure if it works with allotments?
Please can someone give me some guidance?
I have asked for someone to come out from the council and will suck up for my father's sake to see if we can get a sensible outcome but the council can be some stubborn idiots when it comes to common sense.
Thanks in advance.
Sian
 
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Re: Right of way onto our allotment.

Postby MacadamB53 » Fri Nov 03, 2017 10:36 pm

Sian wrote:Hi.
The council are giving our allotments to a commitee of allotment owners.
We are all happy about this as we all get on and the council are useless.
They have said that before handover, they will secure all the allotments, get rid of all the gates from peoples gardens onto their allotments and provide keys to the entrances.
My father, who is 81, has worked his allotment at the bottom of his garden for over 30 years.
I have said that if they take away his gate, he will not be able to walk around to the entrance and thus will no longer have his only pleasure in life taken away.
Someone had mentioned, right of way but I'm not sure if it works with allotments?
Please can someone give me some guidance?
I have asked for someone to come out from the council and will suck up for my father's sake to see if we can get a sensible outcome but the council can be some stubborn idiots when it comes to common sense.
Thanks in advance.
who owns the gate?
MacadamB53
 
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Re: Right of way onto our allotment.

Postby Sian » Fri Nov 03, 2017 10:40 pm

The gate and small boundary fence at the minute is ours and still connected to the original concrete boundary posts, just incase there was any dispute over boundaries.
I think the council are considering putting a different fence up and not using ours.
I have yet to meet with them and find out and would like to go in with as much knowledge as possible.
Idealy, I'm hoping I won't have to mention established right of way but need to know if I can if needed.
Sian
 
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Re: Right of way onto our allotment.

Postby MacadamB53 » Fri Nov 03, 2017 11:50 pm

Sian wrote:The gate and small boundary fence at the minute is ours and still connected to the original concrete boundary posts, just incase there was any dispute over boundaries.
I think the council are considering putting a different fence up and not using ours.
I have yet to meet with them and find out and would like to go in with as much knowledge as possible.
Idealy, I'm hoping I won't have to mention established right of way but need to know if I can if needed.
your father’s property has not gained a RoW over the allotments because a RoW must have have an end point from which the user can continue onward on their journey.

whereas after going through the gate your father stayed on his allotment and then went back through the gate.

have I explained that so you get the difference?

kind regards, Mac
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Re: Right of way onto our allotment.

Postby Sian » Sat Nov 04, 2017 12:01 am

Yes thank you.
I just wanted to make sure I could cover all angles if they are awkward.
Not actually having dealt with this before, I was sort of hoping because he'd used this gate for so many years, that they wouldn't be able to block his way.
Never mind, let's hope they will see reason.
Sian
 
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Re: Right of way onto our allotment.

Postby ukmicky » Sat Nov 04, 2017 1:53 am

As Mac says there is no ROW as your stepping from dominant land directly onto the allotment.

There are also 2 other reasons why he cant gain an easement

1. The allotment land is also in the same ownership as the land the easement would need to run over and you cant gain an easement over your landlords land.

2. Any easement would also need to survive the sale of your fathers house and pass onto to the successors in title of his house. . As successors to the title of your fathers house would not have any automatic right to use the allotment any easement gained would lie in gross as it benefits the person not land . And under UK law you cant have an easement that lies in gross.
Advice given is not legally qualified and you are advised to gain a professional opinion
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Re: Right of way onto our allotment.

Postby Sian » Sat Nov 04, 2017 2:12 am

It may not be I was hoping to hear but what you have said all makes sense.
Thank you for your fast responses.
Lets just hope the council will give a little for my father's sake.
I do intend to say that when he gives up the allotment, we do intend to make good the fencing as we wouldn't need to gain access then.
Sian
 
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Re: Right of way onto our allotment.

Postby Sian » Sat Nov 04, 2017 2:22 am

Just a last thought and not sure if anyone can shed light on this.
They intend to put up 6' metal fencing which would look awful.
Do we have any rights to complain about that as it would look so unsightly.
Sian
 
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Re: Right of way onto our allotment.

Postby MacadamB53 » Sat Nov 04, 2017 5:37 pm

Sian wrote:Just a last thought and not sure if anyone can shed light on this.
They intend to put up 6' metal fencing which would look awful.
Do we have any rights to complain about that as it would look so unsightly.
you can complain and they can consider the points raised but your input is not required so won’t be sought and you cannot place any demands on the landowner.

devil’s advocate: if your father is unable to walk round how is he able to carry out the work required to maintain the allotment? (that will be the logic behind the LA decision).

kind regards, Mac
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Re: Right of way onto our allotment.

Postby ukmicky » Sun Nov 05, 2017 7:52 pm

Sian wrote:Just a last thought and not sure if anyone can shed light on this.
They intend to put up 6' metal fencing which would look awful.
Do we have any rights to complain about that as it would look so unsightly.

Due to your fathers health problems ask them to grant him a revocable licence allowing him to continue to access the allotment from his land.
Advice given is not legally qualified and you are advised to gain a professional opinion
ukmicky
 
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