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Joshua
Joshua, Lawyer
Category: Law
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Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Is a certificate of legal use of existing use of a piece of

Resolved Question:

Is a certificate of legal use of existing use of a piece of land for parking exclusive to one person? If my neighbour has such a certificate could I get one as well for the same piece of land?
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience. Is this a certificate of lawful use issued by a local authority please or by someone else?
Customer: replied 2 years ago.

The certificate was issued by the local authority, the type is stated as: Certificate of Conformity, the decision date: 28/11/13.

Expert:  Joshua replied 2 years ago.
Thank you. a certificate of lawful use is only relevant from the perspective of planning legislation. Lawful use does not confer any right of ownership or legal interest in the land in question. To expand upon this, as you will be aware, planning law restricts and regulates the way in which we are all able to use land - this includes both what we are able to build upon land and the way in which we can use it (e.g. business or residential use to name the most obvious classes of use). If a neighbour has applied for certificate of lawful use, this means the local authority accept you in question your parking for 10 years or more and that any contravention in planning law contravened by his parking there will no longer be unlawful and the local authority will no longer take action for any breach of planning in respect of his use of the land. The certificate of lawful use does not give him title to the land or a legal right to Park there. in order to obtain a right to Park there, if he does not own the land, he would need to continuously pave without the landowner's permission for 20 years or more. The legal landowner could therefore still required to vacate the land regardless of the certificate of lawful use if he cannot show 20 years or more consecutive years of use for parking. If you have parked on a piece of land for 20 years or more continuously you can apply to register that as a right at the Land Registry providing you can show you have done so for that period without secrecy, and without the consent of the landowner (if known). If you consider this, a local solicitor can assist you with the application to register the right. Alternaitively if you believe your parking on the land, contravenes planning legislation for the land, providing you can show that you have parked on the land for 10 years years or more continuously, you can obtain a certificate of lawful use so that planning enforcement cannot be taken any longer. The only obvious way in which planning would be breached is if you are parking many cars on a piece of land or if there is a specific condition attached to the land prohibiting parking though. I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me.
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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