The full article is a useful read: http://www.titleandcovenant.co.uk/pdfs/ ... letter.pdf
Thanks for that link. Yes, it was interesting reading, but doesn't answer my question. The case quoted referred to Vehicle Excise Duty, not property ownership. However, it does seem to suggest that amenity land is a highway, assuming it goes somewhere ... Is it possible to pass and re-pass to nowhere ... which does answer some of my concerns. Amenity land would appear to be a ROW for everybody, with or without animals or vehicles, at all times. In effect a public ROW that has not been adopted, possibly because it does not meet the specification required to be adopted.
It also suggests that a visibility splay becomes part of the highway.
Still confusing, as it is an endorsable
offence to drive onto privately owned land, without authority, except for the purpose of parking, and that for no more than 15 yards (or is it metres now?) I'm guessing that's in CROW 1992. It is also an endorsable offence to drive an HGV onto privately owned land, without authority ... with no exception for parking. The owner of the land can authorise driving on his land, as can a police officer (I think).
The VED ruling, above, referred to a "highway repairable at public expense". The amenity land behind my daughter's house, and the possible amenity land in front of "my" bungalow, are both mowed by the LA. I do not know what authority they have to mow this land. ??? Can my daughter tell them to stop mowing her land? Does the fact that the LA do "repair" her land make it "repairable at public expense"?
Further along the road from "my" bungalow, the houses have hard standing between the front of the houses and the footpath. There is no physical barrier between the hard standing and the footpath. The cars park with their bumpers against the house wall. Millions of other houses have a covenant preventing their front gardens being fenced. According to the hedge to hedge rule, the visibility splays, hard standings, and front gardens, are part of the highway, and the whole world and his brother being entitled to pass and repass, with animals or vehicles, at all times, without hindrance. Does parking your car in your front garden count as hindrance? And what about the gnome?
Is this a can of worms waiting to be opened?
The front gardens and hard standing are not repairable at public expense, I'm not sure about the visibilty displays.
All I want to know is, assuming the grass strip in front of "my" bungalow is "my" amenity land, may I use it as a winding hole, when exiting my drive? Occasional parking by visiting friends would be useful.
Interestingly, I learned yesterday that a mate in the Land Rover club does a lot of contract work for the council. He is investigating.
John W (Not the only one with amenity land problems)