Private access road - resurfacing a section.

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siteone
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Re: Private access road - resurfacing a section.

Post by siteone » Thu Jan 10, 2019 2:37 pm

mr sheen wrote:
Thu Jan 10, 2019 2:08 pm
'Feelings' are not taken into consideration when you are arrested for criminal damage and have to pay the compensation for vehicle damage.

The cases you quote are theoretically representative of the legal position but are irrelevant unless and/or until a case goes to court.

This case involves the parking of cars as oppose to a permanent obstruction; cars can be moved and are temporarily in position and create a risky case to take to court since even with the cars in situ, the OP can pass and repass over the right of way and access and egress from the property.

you wouldnt be arrested for criminal damage if your nudge a car getting your car out.

mr sheen
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Re: Private access road - resurfacing a section.

Post by mr sheen » Thu Jan 10, 2019 3:03 pm

Nudged...no....'redesigned' as you said originally...quite possibly!

MacadamB53
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Re: Private access road - resurfacing a section.

Post by MacadamB53 » Thu Jan 10, 2019 4:15 pm

mugwump wrote:
Thu Jan 10, 2019 2:15 pm
That's ok, according to the yellow hatched area on the plan, the op is free to drive across all his neighbours front gardens. Plenty of space.
no they’re not - the wording made it clear that the extent of the RoW is across all those parts of the yellow area that were a “common entrance or driveway”.

best not to suggest otherwise...

siteone
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Re: Private access road - resurfacing a section.

Post by siteone » Thu Jan 10, 2019 4:46 pm

mr sheen wrote:
Thu Jan 10, 2019 3:03 pm
Nudged...no....'redesigned' as you said originally...quite possibly!
All cars nudged are redesigned in some way.

siteone
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Location: Southampton

Re: Private access road - resurfacing a section.

Post by siteone » Thu Jan 10, 2019 4:48 pm

MacadamB53 wrote:
Thu Jan 10, 2019 4:15 pm
mugwump wrote:
Thu Jan 10, 2019 2:15 pm
That's ok, according to the yellow hatched area on the plan, the op is free to drive across all his neighbours front gardens. Plenty of space.
no they’re not - the wording made it clear that the extent of the RoW is across all those parts of the yellow area that were a “common entrance or driveway”.

best not to suggest otherwise...
I agree wording is always key.

Her lawyers comments will be that original developers laid out a right of way for people to use, otherwise there is little point in making the effort on the deeds.

I get the ambiguity in old deeds which were made before cars were invented but why people need to argue over right of way on modern deeds is unnecessary.

mugwump
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Re: Private access road - resurfacing a section.

Post by mugwump » Thu Jan 10, 2019 7:01 pm

MacadamB53 wrote:
Thu Jan 10, 2019 4:15 pm
mugwump wrote:
Thu Jan 10, 2019 2:15 pm
That's ok, according to the yellow hatched area on the plan, the op is free to drive across all his neighbours front gardens. Plenty of space.
no they’re not - the wording made it clear that the extent of the RoW is across all those parts of the yellow area that were a “common entrance or driveway”.

best not to suggest otherwise...
So can use neighbours drives for turning to make life easier

arborlad
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Re: Private access road - resurfacing a section.

Post by arborlad » Thu Jan 10, 2019 7:43 pm

siteone wrote:
Thu Jan 10, 2019 4:46 pm
mr sheen wrote:
Thu Jan 10, 2019 3:03 pm
Nudged...no....'redesigned' as you said originally...quite possibly!
All cars nudged are redesigned in some way.



Wordplay wont stop it being a bad idea.
arborlad

smile...it confuses people

siteone
Posts: 14
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Location: Southampton

Re: Private access road - resurfacing a section.

Post by siteone » Fri Jan 11, 2019 6:46 am

arborlad wrote:
Thu Jan 10, 2019 7:43 pm
siteone wrote:
Thu Jan 10, 2019 4:46 pm
mr sheen wrote:
Thu Jan 10, 2019 3:03 pm
Nudged...no....'redesigned' as you said originally...quite possibly!
All cars nudged are redesigned in some way.



Wordplay wont stop it being a bad idea.

Accidents happen

mr sheen
Posts: 2273
Joined: Fri Feb 27, 2009 2:33 pm

Re: Private access road - resurfacing a section.

Post by mr sheen » Fri Jan 11, 2019 7:18 am

Hitting a parked vehicle is automatic liability since the driver of the moving vehicle is in full control of the situation. and the parked vehicle didn't move...so your liability and your insurance company will increase your premiums since only very poor drivers are unable to manoeuvre around stationary objects such that they hit stationary objects.

siteone
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Location: Southampton

Re: Private access road - resurfacing a section.

Post by siteone » Fri Jan 11, 2019 8:31 am

mr sheen wrote:
Fri Jan 11, 2019 7:18 am
Hitting a parked vehicle is automatic liability since the driver of the moving vehicle is in full control of the situation. and the parked vehicle didn't move...so your liability and your insurance company will increase your premiums since only very poor drivers are unable to manoeuvre around stationary objects such that they hit stationary objects.
Firstly it affects both parties insurance and secondly it depends on how you word your insurance claim. Some choose to settle earlier than needed as I am sure the op would, however as you might be aware not everyone is very nice.

One of our office company cars did this. In house lawyers had fun.

sharonuk
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Re: Private access road - resurfacing a section.

Post by sharonuk » Fri Jan 11, 2019 8:49 am

I spoke to my solicitor yesterday, she said it has absolutely nothing to do with land ownership, it is all about the fact the black tarmac area must be kept clear at all times for a common right of way with other properties similarly entitled. She said this is obvious because the driveway of the house opposite is behind the gates, she said if there was adequate space there for car parking their driveway would have been installed infront of the gates. She said even if I didn't own a car she still has a case as that area is not for parking on, it is clearly stated in the deeds that the area must be kept clear for right of way. If I wish to sell my house or get a larger vehicle im going to hit problems so it's best dealt with now.

siteone
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Joined: Tue Aug 08, 2017 12:34 pm
Location: Southampton

Re: Private access road - resurfacing a section.

Post by siteone » Fri Jan 11, 2019 8:59 am

sharonuk wrote:
Fri Jan 11, 2019 8:49 am
I spoke to my solicitor yesterday, she said it has absolutely nothing to do with land ownership, it is all about the fact the black tarmac area must be kept clear at all times for a common right of way with other properties similarly entitled. She said this is obvious because the driveway of the house opposite is behind the gates, she said if there was adequate space there for car parking their driveway would have been installed infront of the gates. She said even if I didn't own a car she still has a case as that area is not for parking on, it is clearly stated in the deeds that the area must be kept clear for right of way. If I wish to sell my house or get a larger vehicle im going to hit problems so it's best dealt with now.
Thanks for update

I agree with you

As per car, if you have a bigger car your way would be blocked.

Really good luck

mugwump
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Re: Private access road - resurfacing a section.

Post by mugwump » Fri Jan 11, 2019 12:18 pm

How about a picture ALONG the road with your vehicle abreast of the parked ones, rather than an oblique view from an upstairs window.

You know? Give us a true idea of this really tight space that you have to negotiate because I bet it's a lot larger than I have to deal on a daily basis without a problem.

siteone
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Location: Southampton

Re: Private access road - resurfacing a section.

Post by siteone » Fri Jan 11, 2019 12:27 pm

mugwump wrote:
Fri Jan 11, 2019 12:18 pm
How about a picture ALONG the road with your vehicle abreast of the parked ones, rather than an oblique view from an upstairs window.

You know? Give us a true idea of this really tight space that you have to negotiate because I bet it's a lot larger than I have to deal on a daily basis without a problem.
I am not sure what your drive has to do with this drive.

SOrry, I havent had time to read all your posts yet.

arborlad
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Re: Private access road - resurfacing a section.

Post by arborlad » Fri Jan 11, 2019 12:28 pm

mugwump wrote:
Fri Jan 11, 2019 12:18 pm
How about a picture ALONG the road with your vehicle abreast of the parked ones, rather than an oblique view from an upstairs window.

You know? Give us a true idea of this really tight space that you have to negotiate because I bet it's a lot larger than I have to deal on a daily basis without a problem.


+1
arborlad

smile...it confuses people

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