How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Jo C. Your Own Question

Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69792
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

i have been parking and turning on a piece of my neighbours

Customer Question

i have been parking and turning on a piece of my neighbours land for 25 years now the new neighbours (well they have been there 8 years but now appear to be getting nasty) have started putting notes on my nurses /carers cars telling them not to park .i know i have the right to turn there as i checked with you a couple of years ago .but sometimes my visitors park if there is no other space.it is in no way blocking any access as it is against traffic bollards and nothing can get there.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

How can I help with this please?
Customer: replied 3 years ago.

hi jo


i need to know if i am able to park in this area as i have accasionally been parking there since.i lived there in 1989 and never had any problem with my previous neighbours.i am legally allowed to turn there as i checked with ,just answer a year or so ago as i have been doing this without asking permission and never been challenged for 25 years until now.and i had a solicitors letter sent to the neighbours .but does the same law apply to parking .i must add this area is basically a dead end.a now unused entrance with bollards across it .we are in what was a farmyard but has now devided been owned by three different people my other neighbours are also having problems with these people

Customer: replied 3 years ago.

hi the sytem will not accept either of my email addresses aas i am already a member please send answer to iether of these emails :[email protected] [email protected]

Expert:  Jo C. replied 3 years ago.
Thanks.

Parking and having the right of way over the land are two totally separate things.

You can have either one in isolation or both although it is actually debatable, if you have the right to park on it, how you could not have the right of way over it although that would depend on the layout of the land.

After 20 years use, provided you can prove 20 years use, you can claim an easement under the Prescription Act.

Each easement is acquired separately after 20 years use but provided the use of parking and right-of-way has occurred at the same time, both easements can be acquired together over the same 20 year period.

The land registry produced a practical guide on easements claimed by prescription.

http://www.landregistry.gov.uk/professional/guides/practice-guide-52

However during the course of exercising any right, you must not cause obstruction. However to be actionable, it must be a substantial obstruction.

Whether it is substantial or not depends on the facts and provided there is a lot of room, and the neighbour can go in and out without thinking twice or having to manoeuvre, it will not be a substantial obstruction.

Here is a link to a useful article which explains how the concept of substantial obstruction works.

http://uk.practicallaw.com/9-385-9230?service=property

To summarise: you have probably acquired the right to do what you are doing and therefore have your lawful guests do the same, under the prescription act, provided you do not cause obstruction

Can I clarify anything for you?

Jo
Customer: replied 3 years ago.

hi jo


what would substantial obstruction be ?

Expert:  Jo C. replied 3 years ago.
There is no definition of substantial obstruction.

Each case will be looked at on its facts.

Parking a bicycle on a driveway which is used for vehicle access which is only 8 feet wide would be substantial obstruction.

It would not be if the drive was 20 feet wide.

Provided the owner of the land can get in and out without thinking twice about how they drive and provided they do not have to manoeuvre at all, it is unlikely to be a substantial obstruction

Customer: replied 3 years ago.

hi jo


just one more thing what proof would i need would statements from people like the previous owners of the neighbours property be enough and maybe regular visitors over the last 25 years

Expert:  Jo C. replied 3 years ago.
Sworn statements from previous owners as to their use and neighbours and photographs of you have them.

The timescale runs including all previous owners so it would not matter if you had only been in the property for 12 months provided the previous owners period of use of this land for this purpose, came to over 20 years.
Jo C., Barrister
Category: Law
Satisfied Customers: 69792
Experience: Over 5 years in practice
Jo C. and other Law Specialists are ready to help you
Expert:  Jo C. replied 3 years ago.
Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice
 
 
 

Related Law Questions