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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 9345
Experience:  I have been practising for 30 years.
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SITUATION. I park my car at the side of my house, at the

Customer Question

SITUATION. I park my car at the side of my house, at the very end of a shared service road.( No through road!!).
Therefore, not obstructing anyone. One of the neighbours is being awkward by parking a car immediately behind mine, thus blocking me in. Please Note:- to my absolute knowledge, this spot has been used for parking by my property, for at least 40 years!!!! Such that the then owner installed a side gate to access his vehicle!! This was all confirmed to me by the previous owner of my house. Personally, I have parked there since 8th April 1991. It is my understanding that after such an extensive number of years of this property's use, it has become mine as of Right. Am I correct,please?
Submitted: 1 year ago.
Category: Law
Expert:  F E Smith replied 1 year ago.

After 20 years of exercising a right such as access or right-of-way or parking, then you can claim the right to continue to do so as an easement under the Prescription Act.

The 20 year period applies collectively by adding together your use and any previous use.

You would need to get the easement registered against the deeds of the land or registered as a land charge if the property is unregistered.

Once you have the easement to park, you can then take the other neighbour to task over obstructing your vehicle.

Even before you have the easement to park, you have a claim against the neighbour in private nuisance if he is doing this and it is quite simply a nuisance whereby you have to ask him to move his car every time you want to move.

As it is at present, there is nothing to stop him parking in this space.

Can I clarify anything for you?

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Best wishes.


F E Smith and 3 other Law Specialists are ready to help you
Customer: replied 1 year ago.
The property is registered. Do I need to do anything? Plus-is there a way for me to print your information,please?
Customer: replied 1 year ago.
I have asked your Support Area if you can implement the Easement and if so, the cost to me of so doing.
Expert:  F E Smith replied 1 year ago.

The easiest way of printing the page in front of you is to press Ctrl P.

Then, select all the text and then paste into a Word type document and print in the normal way.

You apply to the Land Charges department to register a class Diii Land Charge against the property and the restriction against first registration so if anybody does try to register the land, you can raise the issue of your land charge.

If you don’t have experience of this, you will be well advised to get a solicitor to deal with it for you.