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We want to access our rear garden across council land?

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hummerdrum | 00:16 Fri 25th Mar 2011 | How it Works
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We want to put a gate in our back wall to access by foot / bike into our rear garden. There is 3m of grass between our garden and the cul-de-sac behind our property which is owned by the Council. They want to charge us £2000 for 'easement' over there grass - is that right? Many cars park all over other verges etc - we simply want to walk over it. Any views?

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they are entitled to an easement I'm afraid. You should have just done it without asking them and then if they hadn't noticed after a period of time the access would have been established. Too late I'm afraid.
00:20 Fri 25th Mar 2011
they are entitled to an easement I'm afraid. You should have just done it without asking them and then if they hadn't noticed after a period of time the access would have been established. Too late I'm afraid.
Climb over the wall. Or if it is too high keep a short ladder handy. Don't let them beat you.
yes as NOX says, you should have done it and argued the t0ss later.
I'm no expert, but I'd have thought that if you bought the easement you would have a RIGHT to cross their land. If you don't pay, then you'd just walk on it like everyone else who uses it. Simple trespass is no crime. If the council wanted to stop you, I think they would need to go to court to get some sort of order restraining you. Then you could be prosecuted if you broke that order. Since there is cost but probably no benefit to them, they would have to be a bit officious to do that.
Oh, and PS, I guess the £2000 may be at least partially to cover their expenses in creating the easement. They may not care whether you walk on the grass or not, but if you want a legal right it will cost them to create it.

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