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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10585
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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I have parked on a strip of land outside my house years

Resolved Question:

I have parked on a strip of land outside my house for 12 years without being charged or a fine imposed. This land has been sold and the new owner is trying to charge to park on it is this legal ?
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.

Hello and thanks for using Just Answer.

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

An "easement by prescription" is a legal right acquired by a person who exercises a right for 20 years or more without the consent of the true legal owner of the land.

In your situation, therefore, I am afraid that only if you had been parking in this space for 20 years would you have gained any legal right to continue to do so, free if charge.

The new owner is withing his rights to charge you or indeed ask you to stop parki

on the land.

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

Kind Regards

Al

Customer: replied 2 years ago.

this is on a terrace of houses, if others in the street have parked for over 20 years will that effect the whole street ?

Expert:  Aston Lawyer replied 2 years ago.

Hi,

Thanks for your reply.

An easement of this nature is personal to the individual who has been parking on the land. Therefore, if a party has been parking for 20 years or more, they have acquired such a right.

Hope this helps.

Kind Regards

Al

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