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grayson

Declared Sorn on unadopted Road

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We live in a cul de sac where the road is tarmac. However, a section comes off the tarmac and is unadopted concrete. 

The road has 5 houses built on it and opposite is a parking area which is unadopted. The area is for our 5 houses as the road outside our house is narrow so we are unable to park outside. 

When I purchased the house the deed stated the parking area was the responsibility of the 5 House owners.

Now one of our neighbors who lives on a public road has declared his vehicle Sorn and parked it in our parking area. We have asked them politely to remove it. However, they refused. So my question, is there any way we can get it moved legally? 

Thanks

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No, unless the deeds state that this is your property, "your" meaning the 5 houses on a shared basis.

 

But if the road is just your responsibility without being your property (it is possible), for future reference, after he moves the car you could sneakily fit a barrier and give keys to the 5 homeowners only.

 

This would be a grey area nobody would be willing to get involved with and you'll be fine. 

 

My brother was in a similar situation when he moved to a maisonette in a cul de sac: barrier is still there 20 years later.

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If it's the property of our houses can we do anything then? 

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Yes, tell the owner to move the car and fit a barrier. 

Your property will gain value as well.

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drag the car out onto the pubic road

stuff all he can do if you all own the land


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Agree with dx, but on this forum they don't like hearing simple solutions.

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don't think the op will be doing anything wrong by doing that.


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Is this neighbour’s house one of the 5 with responsibilities for the unadopted parking area?

If not, have any of the 5’s owners given them permission?

Has he parked there before for a substantial period without (permission, secrecy, or force)?

 

that is more relevant than if their house abuts the road and/or the parking area.

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1 hour ago, BazzaS said:

Is this neighbour’s house one of the 5 with responsibilities for the unadopted parking area?

If not, have any of the 5’s owners given them permission?

Has he parked there before for a substantial period without (permission, secrecy, or force)?

 

that is more relevant than if their house abuts the road and/or the parking area.

No one has given permission. He has parked there before on and off. However, this is the first time he has declared sorn

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How long has he been parking there without permission (and without force or secrecy)

”(nec vi, nec clam, nec precario)”

https://www.gov.uk/government/publications/easements-claimed-by-prescription/practice-guide-52-easements-claimed-by-prescription

 

If his previous use has established an easement by prescription you are S.O.L

If not and he  has no permission : he is a trespasser. Tell your neighbours who have rights over the space that you are asking him to move, and if none disagree: tell him to move the car, or you will.

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Strictly speaking it isnt SORN as he doesnt have the necessary permission to park it there and no doubt it is uninsured as well.

Now you can remove the vehicle but you cant leave it on a public highway.

You might want to let the DVLA know about the not being SORN and the police know that the vehicle is in use as it cant stay on your land so therefore it has to be in use. I suspect that theywill find this too complicated and say "it is a civil matter sir" rather than seize the vehicle.

 

A practical solution is to slap a notice on it and if he doesnt move it in a fortnight have it towed away as abandoned. You will need to look up the relevant bit of the abandoned and nuisance vehicle regs to get the wording of the notice right. the council can do this and fine the bloke as well if you can get them bothered

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14 minutes ago, ericsbrother said:

Strictly speaking it isnt SORN as he doesnt have the necessary permission to park it there and no doubt it is uninsured as well.

 

For vehicle licensing purposes a SORN is valid as long as the vehicle is not used or kept on a public road within the meaning of the Vehicles Excise & Registration Act 1994 (nothing about permission).

For insurance purposes a SORN is valid as long as the vehicle is not used on a road or other public place within the meaning of the Road Traffic Act 1988 (again, nothing about permission).

So you can have the situation that a vehicle subject of a SORN, that is exempt from licensing  but not for insurance.

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