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Hi, thanks for your enquiry. So I can answer you fully, could you please confirm that you have parked on the land for 20 continuous years or more? Has this always been done WITHOUT the consent of the owner of the land and that it has always been without any objection? Kind Regards Al
Hi, thanks for your reply. For you to have acquired an easement by prescription, you must have parked on the land without any lawful right to do so, for 20 years or more. You mention that the land used to form part of your flat development- Were you and the other residents ever granted consent by the previous Freeholder to use the land for paring or did your Lease grant you any such rights? Kind Regards Al
Hi, thanks for your reply. Well, from what yo have told me, I feel that you do have sufficient grounds to have acquired an easement by prescription. As you may have been told, such a right is acquired automatically, if you have continuously used the land, for 20 years or more. Although this easement is an "overriding interest" (ie the owner or any Buyer of the land takes subject to the right), it is always best to register this right at the Land Registry. You should therefore consult a local Conveyancing Solicitor to assist you with the application. I hope this helps and if so, I would be grateful if you could rate my answer. Kind Regards Al.
Can I assist you any further?
Hi, yes- you are indeed correct. I would also suggest that you apply to the Land Registry so a formal easement is noted on the Freeholder's title, that this right to park exists. I hope this clarifies matters. Kind Regards Al