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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10175
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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My neighbour own the land outside our back garden. We have

Customer Question

My neighbour own the land outside our back garden. We have access to and from it but not the right to park. However we have parked there for 32 years with the blessing of the previous neighbours. Our present neighbours have suddenly told us to clear of this land. Our parking there does not interfere in any way with their lives, it's just an unused patch of land now. In fact he blocks our access to the back of our house by parking up the track which leads to it and gets nasty when we ask him to move to let us pass and makes us wait. Our deeds say we have free and uninterupted right of way with the right to pass and repass. What I really want to know is that as we have parked there for so long do we have the right to continue?
Thank you
Carole Scott
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.

Hello and thanks for using Just Answer.

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

Could you please let me know how long the present neighbours have been living at the property and at which stage have they objected to your parking?

I look forward to hearing from you.

Kind Regards

AL

Customer: replied 2 years ago.
For Aston lawyer. My neighbours have been living next door for about ten years and they stopped us parking at the back about four weeks ago.
Carole scott
Expert:  Aston Lawyer replied 2 years ago.

Hi Carole,

Thanks for your reply.

If a person uses land which does not legally belong to them for parking, they acquire a legal right to continue to park there IF they have done so for a continuous period of 20 years or more, WITHOUT permission of the true owner.

Therefore, I am afraid to say that as the previous neighbour granted you consent to park on the land, your "20 year period" did not start to run until the previous neighbour sold to the current neighbour.

I note that the current owner has only been living there for 10 years, and as he has recently requested you to stop parking there, you have not acquired any legal rights to continue to park on the land, because you have been using it with consent for a large proportion of time.

I realise this may sound ridiculous to you but you would be in a far better position had the previous neighbour not granted you any permission to park there!

Your current neighbour is therefore legally entitled to ask you to stop parking there.

As regards him blocking the access, this is a clear breach of your right of way. If it continues, you should consider sending him a Solicitor's letter demanding that he stops tobstructing the right of way immediately and forever thereafter, or you will have no alternative but to take him to Court with a view to obtaining an Injunction against him. Although I am sure you would not want to take such proceedings, the mere threat of it will hopefully make him see sense.

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

Kind Regards

AL

Expert:  Aston Lawyer replied 2 years ago.
Hi Carole,

Can I be of any further assistance to you?

Kind Regards
AL

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