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 Aston Lawyer Your Own Question
Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10585
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
16368554
Type Your Law Question Here...
Aston Lawyer is online now

I have been parking my car on what I have now been told is

Customer Question

I have been parking my car on what I have now been told is private land ( I thought it belonged to the council) for 16 years, the supposed owners have left a note saying not to park, or my car will be towed away, what rights do I have
Submitted: 3 years ago.
Category: Law
Expert:  Aston Lawyer replied 3 years ago.
Hello and thanks for using Just Answer.

My name is XXXXX XXXXX am happy to assist you with your enquiry.

I am afraid to say that the law is not on your side with this issue.
Only if a person parks on land not belonging to them for 20 years or more continuously, without dispute, does that person then acquire what is called a "right by prescription" to continue to park there (ie a legal right to remain parking there).

As you have been using the land for 16 years and your parking has now been disputed, I am afraid that the owner can ask you to stop parking there. If you do not, you would be guilty of trespass.

I am sorry this is not the Answer you were looking for, but it sets out the legal position.
Sorry.

I hope I have assisted.

Kind Regards
AL
Customer: replied 3 years ago.

I have sent an email to the council asking who owns the land, I have not received an answer yet, as I understand this area has a right for access to the property's here, commercial and private, does this make a difference

Expert:  Aston Lawyer replied 3 years ago.

Hi John,

Of course, if the land on which you have been parking does not belong to the "owner" and belongs to the Council, then the "owner" can't stop you parking there.
If the land is owned by the "owner" but is used for access purposes, I'm afraid my previous Answer remains the same.

Kind Regards
AL
Aston Lawyer and other Law Specialists are ready to help you
Customer: replied 3 years ago.

I Rent the property and the landlord has had continuous use for over 20 years, does that make a difference

Expert:  Aston Lawyer replied 3 years ago.

Hi John,

Yes, that would make a difference, although it would be your Landlord who would have to make the application to the Land Registry, as owner of the property, backed up with a statement of truth from you.

Basically, an application would have to be made to confirm that the property has had the use of the parking space for 20 years plus. If the Land Registry are satisfied about the use and that it has been continuous for 20 years, without dispute or without consent/formal agreement with the true legal owner of the land, then they would register a notice on your Landlord's Deeds to confirm "the right by prescription to park".

I hope this assists.

Kind Regards
AL