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Anyone know the law regarding the council erecting a fence which restricts access to a private property

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catflap | 19:09 Thu 05th Feb 2009 | Civil
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I live on a road which is two rows of houses facing each other with bushes/paving and grass between. There is no road but the path is wide enough for cars to pass should someone need access to their house for delivering heavy items etc. It is also used by a council tractor to access the field at the bottom of the road when it needs cutting. Utility vehicles (eg Transco) have had to drive along the paved area in the past to carry out essential work. Many years ago this estate used to be all council but there are many people who now own their properties or like myself made a private purchase. The rental properties on the estate are managed by a company called Stockport Homes which is separate from the Council and they are also responsible for some of the green areas.
Just recently a man from Stockport Homes has been working on the pathway - repairing root damaged paving stones etc, this morning he started erecting a fence around the green areas and also the paved area which now means that no vehicle can get near the houses. The posts are only about 4ft away from each other so the items I can get delivered to my house are now governed by size... how I would get a large settee delivered I do not know!
The question is - can this stockport homes be allowed to restrict access to private properties and stop utility vehicles accessing the area in the need of emergencies (eg gas leak) and shouldn't the people it was going to affect be have consulted beforehand?
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Yes they can. It is not part of the public highway and it is not permitted to allow a vehicle off the carrigeway (unless you own the land or have an easement.
However if you've been doing it for over 20 years without permission you might be able to claim a private right of way.
practical issue, proving that it has been used as an easement for the last twenty years. Do the rest of the residents have the same concern? if so, are they willing to stump up the money (collectively) if solicitor required. Inferences suggest this means of access is owned by stockport homes, you may need to speak with the housing manager why the works was carried out, possibility a resident has complained due to a close incounter of getting run over. In my limited experience, notices to build are only used when planning permission is required and not necesarily if only the works done is under building regs.

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