darkdog wrote:Just a quick update so far.
the company who removed the car have now conceded the land is not a highway verge based on the statements and deeds I sent them, they have now decided that they consider the land is not associated to the dwelling as part of the driveway is mentioned as having shared maintenance and up keep costs. so as far as I can see it still does not mean it is a retail car park, un-adopted road, municipal car park, housing association road or common land which is the only off road areas allowed to be removed from. I now need to clarify what is classed as associated.
I thought they might do that.
I do not think you are going to get much clearer than the wording of the Act:any place which is [...] in the vicinity of a dwelling-house [...] and which is normally enjoyed with it
Whilst one can often be surprised by what judges make of statutes, that seems straightforward. Only two questions need to be asked in respect of the land in question:
1. Is it in the vicinity of a dwelling-house?
2. If it is, is it normally enjoyed with the dwelling-house?
Can the answer to both questions be other than "yes"? Whether use of the land is shared between the owners of more than one property and what the arrangements are for maintaining it are irrelevant as they are not questions which the statute requires to be asked.