Access to my land

[Churchtower]

Hi 4 years ago I purchased my house. My house is in a row of four, with a row of four oposit and a dead end at the bottom. The area in front of all houses is pedestrianised. I checked my deeds and the council web site to check I could park on my land. There was nothing to prevent this so I did. 3 years later the local housing authority (That is not council) put up bollards preventing access for mine and the other houses. They say they own the land. Do they have the right to block my access?

[Churchtower]

P.s the bollards have been in front of the dropped curb.

[Amethyst]

Where are they wanting you to park ?

Was the dropped kerb already there when you purchased the property ? and did it have planning permission ? ( if directly outside your house giving access on to your land )

Is the dropped kerb outside your property or at the end of the culdesac ? So the bollards are preventing anyone driving in to the culdesac at all ? and if so - again where do you park, drop off shopping / deliveries etc ?

[des8]

What, if anything, do your deeds/land registry title say about access to your property over the pedestrianised land?
Do you have any other access to your property other than over the pedestrianised land?
When was your house built?

You say " the bollards have been in front of the dropped curb."
Is there a public footpath between the section owned by the local housing authority (have you checked ownership claim with Land Registry) and the public roadway?
Where exactly are the bollards positioned : in the road, or on the pavement (which is part of the highway), or on the edge of the pedestrianised section?

[Churchtower]

The pedestrianised area is the same tarmac as the path. The bollards are on the path/pedestrianised area. We can not find any record in the land registry of the land being owned by anyone but the council. The council sold the houses and land to a company called WOTMAS. The council still own the paths and road but Wotmas say they own this part of the land.

[des8]

IF the council sold the land to WOTMAS, them WOTMAS do own the land.

Whether or not they can block your vehicular access to your property depends on what easement rights you have.
These rights will either be set out in your deeds/ in the land registry file or have been gained by prescription

You might like to look at Begley v Taylor [2014] EWHC 1180 (Ch).

[Churchtower]

In the second schedule (the rights and privileges) it starts FIRSTLY the right to free passage and the running of water soil gas and electricity ......
SECONDLY all easements quasi-easements liberties privileges and advantages now or heretofore occupied or enjoyed by the council's adjoining land over or in respect of the land hereby transferred and which would be implied by statue or by reason of severance in favour of a purchaser of the council's adjoining land if the same had been conveyed to such purchaser and the land hereby transferred had been retained by the council.

[des8]

Your conveyancer should have explained the import of that clause when you purchased your property.

I understand it to mean that your property retained any existing easements when you purchased the land (but hope someone else will check that!)
It would be in line with The Law of Property Act 1925 Sec 62 (1)

It doesn't say however what those rights are, so if they are not set out in the deed you would need to show they exist by right of prescription
https://www.gov.uk/government/public...y-prescription