Rights of Access - Easements!?

Question

We have been accessing our private forecourt for over 26 years by crossing over the pavement outside the business. Local Authority has now increased kerb hight prevent either us or our elderley and disabled customers from accessing our forecourt. It falls a few inches short of the "legal" size to demand a cross over - any one out there who can advise.

Answer 1

You cannot acquire a right of way over the public footpath.
You have an implied licence to pass and repass, that's all.

If the cross-over dimensions are too small, then whether it's an inch or a yard is immaterial

The Local Authority ('LA') is not interfering with your ight of access, so land law is not your best route to challenge them. What you should do is claim that the decison to raise the footpath falls foul of the Disability Discrimination Act in that it hinders wheelchair access to disabled customers.

Under the Act it is for them to justify the measures set against the criteria in the Act.

The LA will poop their pants if you make the claim under the DDA via solicitors letter and re-instate the old pavement pronto (or I'll eat my briefs).

But don't make the claim or complaint yourself, get a couple of your disabled clients to make it on your behalf.
Then the LA will definitely poop their pants - so few LA's have the faintest idea what the DDA is, they'll reinstate rather than risk the adverse publicity and/or legal battle.

Answer 2

A application easement does not provide them the stunning. although, if this has been occurring for an prolonged time, they might declare a perscirptive easement. you may study the regulations of your state. If people use your aspects for a length of time and you *****, yet do not something approximately it, after a undeniable term, their use turns into an easement. in the event that they have not got a persciptive easement yet, placed up a fence or call the police, do not wait, or their use would become an enforceable easement.

Answer 3

Incorporeal Hereditaments, such as Rights of Way, are rights at Common Law.

I doubt whether such Common Law right would apply against a Local Authority.

If the Local Authority has exceeded its powers, you could take action for Orders of Mandamus, Certiorari, and Prohibition.

But I am many years out of date.

Answer 4

You MUST consult a lawyer. Squabbles over right of access, squatting and easements are never straighforward, despite what some might claim.

Answer 5

You can assert that you have a prescriptive easement. You might lose, but that is your best shot. You need to hire an attorney in your area.