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Just over 18 years ago I purchased my currently property. At the rear of my property is a piece of common land (managed I believe by the local Parish Council) and then a waterway. The piece of common land also runs behind the properties of several of my neighbours.
When I purchased the property, I was given the option to lease the piece of common land behind my property from the council just as the previous owner of my house had done. I took up this option and have been leasing this piece of land ever since and pay a small annual rent. My neighbours have also been leasing the pieces of common land behind their properties. One of them has leased the piece behind his property for over 25 years!
Also, when I purchased the property, in the rear garden between my neighbours on either side, there were fences already erected on the boundaries that ran over the common land and almost to the river. There was no fence or wall etc separating my rear garden from the common land. This is also the same for my neighbour’s properties. In effect, each house looks like they have one large garden. I have not done anything to the fences on the section of common land, I have only maintained those fences on my legal boundaries.
Recently, a local parishioner has raised an issue with the Parish Council regarding access to this common land and, consequently, my neighbours and I have been asked to remove that part of the fencing that runs on the common land.
Needless to say, my neighbours and I have had several discussions about this matter and we are all rather confused and don’t know where we stand.
Therefore, my questions are:
Many thanks for any help you are able to give.
When I purchased the property, I was given the option to lease the piece of common land behind my property from the council just as the previous owner of my house had done. I took up this option and have been leasing this piece of land ever since and pay a small annual rent. My neighbours have also been leasing the pieces of common land behind their properties. One of them has leased the piece behind his property for over 25 years!
Also, when I purchased the property, in the rear garden between my neighbours on either side, there were fences already erected on the boundaries that ran over the common land and almost to the river. There was no fence or wall etc separating my rear garden from the common land. This is also the same for my neighbour’s properties. In effect, each house looks like they have one large garden. I have not done anything to the fences on the section of common land, I have only maintained those fences on my legal boundaries.
Recently, a local parishioner has raised an issue with the Parish Council regarding access to this common land and, consequently, my neighbours and I have been asked to remove that part of the fencing that runs on the common land.
Needless to say, my neighbours and I have had several discussions about this matter and we are all rather confused and don’t know where we stand.
Therefore, my questions are:
- Can the Parish Council legally lease out common land in the first place?
- If they can lease out common land, then surely the person leasing the land has the right to secure access to that land?
- If the Parish Council have been leasing the land illegally, are we entitled to our monetary refund? If so can this be applied retrospectively for all the years that we have leased this land?
- If the fences have to be removed and given that I did not erect them, do I have to pay for the removal of the fences or should the Parish Council pay?
- As there is no fence on the rear boundary of my property and wasn’t one when I purchased the house, who has to pay to fence off the common land from my property?
Many thanks for any help you are able to give.