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Max Lowry
Max Lowry, Advocate
Category: Law
Satisfied Customers: 1457
Experience:  LLB, 10 years post qualification experience
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the only vehicular access to my residence is through a council

Customer Question

the only vehicular access to my residence is through a council owned car park which operates a charging system from April to October. I need to enter the car park to load/unload at my house, is there a reasonable amount of time I could be allowed in which to do this or must I pay the car park charge every time? thanks for your help.
Submitted: 4 years ago.
Category: Law
Expert:  Max Lowry replied 4 years ago.

Max Lowry :

Hi, welcome to Just Answer. I will help you with your question.

Max Lowry :

How long have you crossed over the land for with your vehicle?

Max Lowry :

Hello

JACUSTOMER-bvjpcl3h- :

since 1950, before the car park was built

Max Lowry :

Ah okay - it's highly likely that you've acquired a right to cross the land by way of a prescriptive easement if you've used this for so long, providing, of course that the use has been uninterrupted.

Max Lowry :

That would mean the Council doesn't have the ability to prevent you using your vehicular access by these means.

Max Lowry :

Hello. I'm not sure whether you've seen the answer provided so far? I am happy to expand further for you, if you wish to discuss this?

Max Lowry :

If this has answered your question, then please do remember to rate the answer for me.