housing association want to remove dropped kerb

[jumpjet]

Hi,

 

some time ago we had notification that the housing association who own the house next door

were going to remove the existing single dropped kerb between our properties and "give it to next door".

 

 

I have downloaded a deed plan and property register of my property and

 

 

the boundry puts the joint access on the housing associations side but the register states

 

A: Property Register

This register describes the land and estate comprised in the title.

 

1 (15.01.2001) The Freehold land shown edged with red on the plan of the above Title filed at the Registry and being (the propertY.

 

2 (15.01.2001) The Conveyance dated 4 January 2001 referred to in the Charges Register was made pursuant to Part V of the Housing Act 1985 and the land has the benefit of and is subject to such easements as are granted and reserved in the said Deed and the easements and rights specified in paragraph 2 of Schedule 6 of the said Act.

3 (15.01.2001) The Conveyance dated 4 January 2001 referred to above contains provisions as to light or air and boundary structures.

 

Looking at he section of the act it seems to say that I am entitled to the same rights of use I had as when I was a tenant of the local authority. Would this include the dropped kirb and can it be taken away without application to the land registry to alter the deeds of my property.

[stu007]

Hi

 

Could you clarify is the Single Drop Kerb at present covering your property and the next door property?

 

Are they going to remove this and replace with a normal kerb?

 

Have they given an actual reason why they are removing this and giving it to someone else rather than leave it as is and giving the neighbour concerned a drop kerb?

 

Have they informed you who to write to if you have any objections to this?

 

Please be patient I am sure others will be along to assist

[jumpjet]

Hi

 

Could you clarify is the Single Drop Kerb at present covering your property and the next door property? Yes

 

Are they going to remove this and replace with a normal kerb? I assume so.

 

Have they given an actual reason why they are removing this and giving it to someone else rather than leave it as is and giving the neighbour concerned a drop kerb? No

 

Have they informed you who to write to if you have any objections to this? no

 

Please be patient I am sure others will be along to assist

 

sorry the post is so long, its a bit complictated.

 

I do not have a copy of the rights and easments but the dropped kirb originaly had double gates and pillars. these were taken down when I applied to the council to have my frontage converted to a vehicle hardstanding. which was approved by the council. the tenant next door at the time decided that he also would like to park on his frontage and this continued until the council stopped him because he hadnt constructed a vehicle hard standing. I had. At this time my front wall at the roadside was still in place aas was next door but with no gate way allowing me to continue to use the kerb. Those tenants moved out and the tenant from hell moved in. The properties had no division between them except the footpath that continues to the ally to the rear of the properties which is the only way through to the rear.

due to the problems we had with the youths unsocialble behaviour of the new tenants next door. I constructed a wall down my side of the path with a pedestrian access gate at the top of the path and a pillar at the roadside which allowed me just enough room to get in with a normal car without using the pavement. The new tenant had a young child and so the council quite rightly replaced the pillar on the nieghbours side and installed a pedestian single gate. Ok I thought back to plan A I will have to have a dropped kerb installed leaving my garden walled off from next door. then the tenancy changed again and seeing that I was parking my vehicle on my frontage, the new neighbour decided to do like wise, knocked down the new wall and wall to the roadside and started to park on the frontage of her side but this time having laid gravel as a base. But bumping up the kerb instead of using the dropped part. In taking her wall down, she left a portion of wall freestanding to which the gate was still attached which was unsafe to stand on its own. I think it was this that prompted the council to tell her to stop parking on the front as there was no dropped kerb and I had a letter also.

I wrote to the council highways inspector concerned and pointed out that it was he that originally agreed to the arrangement of allowing both parties to use the dropped portion of kerb which he said did not exist. I was then instructed to replace the wall to the front of my property which I have refused to do on the basis that I have the "opportunity" to use the non dropped portion of pavement. My nieghbour knocked down the remaining portion of wall and pedetrian gateway on order to gain access at the same angle as myself and laid 2 courses of blocks to replace the wall and take away the "opportunity" to use the kerb. having stated to the council that a properly constructed wall to the front of my property simply to prove a point would cost as much as constructing my own crossover would be and not neccessary as the access arrangment was now back to where it was originally proposed as both vehicles could use it. I removed the end portion of my boundry wall in order to facilitate an approximate 10 foot gap to my side of the boundry from the original gate position.

Last year the housing association who now own the properies formally council decided to do up the properties. I had a letter informing me that they were going to do roofs rendering, garden walls etc. and dropped kerbs. On e day when I realised that the workers were meeting next door, I asked to speak to them regarding their intentions regarding the access and told them of the arrangment with the council. I was told there was no problem and they were just going to apply to the highways dept to extend the dropped kerb into next door. Happy with this, no more was said. then just before christmas a represntative of the housing association and the council who I think was the original inspectors spoke to my wife and simply said that thye were going to take it away and give it to next door. I have heard nothing since.