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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10549
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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My neighbour is selling their property and included in the

Resolved Question:

My neighbour is selling their property and included in the deeds is a statement saying that there are two parking spaces. The land belongs to me however. When my neighbour bought the property four years ago an affidavit was signed by the previous owners daughter stating that parking had be permitted there over the previous years. The previous owners husband did park there but had not done so for some years prior to sale. (bear with me) The present owners will now sign an affidavit to say that they have parked there with my permission for the last four years. So my question is do I have to allow the new owners the same right? If so what is the point of owning the land!
Submitted: 3 years ago.
Category: Law
Expert:  Aston Lawyer replied 3 years ago.
Hello and thanks for using Just Answer.
My name is ***** ***** am happy to assist you with your enquiry.
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.
I am therefore glad to say that your neighbour has certainly not acquired any legal rights over your land, because you granted consent for the previous owner to use it. Even if this usage had been without your consent it doesn't appear to me that there has been a continuous usage for 20 years.
If I were you, I would write a letter to the Estate Agent dealing with the Sale, if applicable, as Agents are under a duty to disclose any material facts concerning a property they are selling to the prospective Buyer. If there are no Agents, write directly to your neighbour as again they will be under a duty to pass your letter to the Buyer via their Solicitor.
I hope this assists you and answers your question.
Kind Regards
AL
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