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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My house has a drive which passes over my neighbour's land

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Hi, my house has a drive which passes over my neighbour's land to get to the estate road. I have lived in the house, as has my neighbour, for 35+ years. Shortly after moving in, my neighbour errected a fence and planted a leylandii hedge to screen the drive and my house from his. About 24 yrs ago, when my son and daughter obtained cars they were occaisionally parked on the drive, 10 - 20 times a year, up to 8m onto his land. This practice continued after they had left home with one or both of our cars and in the last 4 yrs has increased to over 100 times a year. He could see that the car/cars were parked on his land, he never asked for them to be moved and had never given us permission to park on his land. In Dec 2015 he had the hedge removed and 1 week later asked me to park on my land. Have I gained easement by prescription or is the frequency too low? Also how do I substantiate that this has occurred?
Submitted: 10 months ago.
Category: Law
Expert:  Nicola-mod replied 10 months ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 10 months ago.
Please continue, if you need more information let me know.
Thanks,
Reg
Expert:  Nicola-mod replied 10 months ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Nicola-mod replied 10 months ago.
Hello,
I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?
Thank you for your patience,
Nicola
Customer: replied 10 months ago.
Hi Nicola, please continue for the time being. I have spoken to my son and daughter, who tell me I have under estimated the number of times cars have been parked on the part of the drive my neighbour states is his. They feel that they parked there at least 50 days a year and in recent times I have parked at least 200 days a year. There has never been a year when a car has been parked on the drive for less than 30 days a year. The drive is curved and from my boundary to the road is about 40 metres, of which about 20 metres passes across the front of my neighbours property. He must have seen the cars parked on his part of the drive as he approached to turn in to his garage. He cannot park on any of the drive from my property to the road as it would block my access. We have twice had the drive resurfaced and shared the expense.
I hope this extra information helps.
Regards,
Reg
Expert:  Nicola-mod replied 10 months ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Ash replied 10 months ago.
Hello my name is ***** ***** I will help you with this.Just to be clear how long had you been using this? I am not worried about frequency just yet?Alex
Customer: replied 10 months ago.
Hi Alex, I, my family and friends have been parking on the drive, which belongs to my neighbour, for 24 years, since 1991, without being asked not to. This has been with his knowledge, since he will have seen the car(s) as he approached his section of the drive in front of his garage. The car(s) have not been parked in the same place, but upto 8 metres onto his drive from my boundary. He first asked me not to park on his drive on 12 Dec 2015, at the end of the week he had a leylandii hedge cut down.
Regards,
Reg
Expert:  Ash replied 10 months ago.
Ok. If that is the case then you have a prescriptive right of way under the Prescriptions Act 1832.You get this right of way after 20 years and it becomes absolute after 40 years.Therefore if you are being denied your right of way you can ask for a Solicitor to write to set out your position and ask that it is resinsated.If this is refused you can seek an injunction. You would need to complete forms N1:http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n001-eng.pdfAnd N16a:http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n016a-eng.pdfThe Court would set the matter down for a hearing and decide whether to let you have access. If the Court does and they refuse this is contempt of Court which they could be warned, fined or sent to prison.Can I clarify anything for you about this today please?Alex
Customer: replied 10 months ago.
Hi Alex,
I have a right of way as part of my deeds, since the drive is my only way to the estate road. When I park on the drive, which is his land, I do not block any ones access. It is the parking that he is now objecting to, since he can now see the car(s) from his window, which he could not do when he had a hedge.
Reg
Expert:  Ash replied 10 months ago.
Indeed Reg. Can I clarify anything else for you, about your rights and what to do?Alex
Customer: replied 10 months ago.
Yes, my question is "Can I obtain an easement regarding parking on his land which I have done for 24 years without being told not to?"
Expert:  Ash replied 10 months ago.
Yes you can. You dont need to register it, you gain a formal right after 20 years.Does that clarify?Alex
Customer: replied 10 months ago.
Hi Alex,
Thank you. I do wish to register it, because my neighbour will not accept that I have gained an easement and when I park on his land he blocks my access with his car. From the Land Registry website, Practice Guide 52, indicates that I can do this using Form AP1 and Statements of Truth or Form ST4.
Reg
Expert:  Ash replied 10 months ago.
You dont need to register it as you get a formal right, but you can. Does that clarify?Alex
Customer: replied 10 months ago.
Thank you
Expert:  Ash replied 10 months ago.
If I could invite you to rate my answer before you go today please, otherwise the site does not credit me for the time spent with you today. Thanks and good luck. Alex
Ash, Solicitor
Category: Law
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Experience: Solicitor with 5+ years experience
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