Areas of Law / Property

We have a garage on our property which has been there for 30 years. We can only get to it via a council-owned service road at the back. The council wrote to us recently asking if we have permission to use the service road. We don’t have written permission; do we have a legal right to use it after 30 years?

You may do, as long as no-one from the council has ever questioned your use of the road during this period and you have never asked permission to use it. You will need to be able to prove that your garage has been there 30 years and that you’ve been using the road all this time. I think you should see a solicitor if the council suggests that you stop using it, and even if they don’t there are steps you’d be advised to take.

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