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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My daughter has been parking her car near her flat for the

Resolved Question:

My daughter has been parking her car near her flat for the last eight years. Before that her landlords mother parked in the same area for many years. The new tenants of another flat are claiming that this impedes access to their garage by their two vehicles. I would say that they have space to park their two vehicles - and they do - in front of their garage and access from the space although this may mean that they may have to move one of their cars before they can get the other one out - a van. My daughter does have an allocated garage a little walk away from the flat but as she is not of good health and is fearful of walking in the dark she has parked in the space that she was under the impression she was able to do. This space was created by her landlord from a small area of grass just outside her front door. The other party's landlord is wanting my daughter to move so that his tenant can park both the car and the van - which they are able to do anyway. I'm not sure whether this is enough information for you but I would like to know what rights my daughter has in this matter.
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Who owns that land please?

Alex Watts :

Does this parking area show on her tenancy agreement?

Customer:

I'm not sure who owns the land but the flats are leasehold. Her landlord told her about this parking area when she took the lease. This parking area is not shown on the plans

Alex Watts :

Does she have a parking space in her lease?

Customer:

I don't think so but will have to ask her tomorrow. As I said she has a garage about a hundred yard away with space in front but is not confident enough to use it especially in the winter when it is dark

Alex Watts :

Ok - let me know tomorrow

Customer:

Hi Alex. There doesn't appear to be anything in writing - its just custom and practice that the tenant of that flat parks there. The other party has two cars including a van so their access is a bit tighter but doable.

Alex Watts : How long have people parked there?
Customer:

My daughter has for 8 years and before that the landlords mother but I don't know for how long. It might be easier if you tell me what the law says about this and then I can check my facts

Alex Watts :

Well sadly she needs 20 years to establish a right to do something

Alex Watts :

If she can show 20 years use then she may have a chance of fighting it

Alex Watts :

If there is under 20 years use then no right is gained and sadly the Landlord can stop her parking

Alex Watts :

So it really depends how much she can show

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Does it have to be use by one person or can it be a series of people living at the flat?

Alex Watts : Series of people as long as she can establish 20 years use.
Alex Watts : Can I clarify anything else?
Customer:

No I think that's fine

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