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Jamie-Law
Jamie-Law, Solicitor
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Experience:  Solicitor
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My neighbour has suddenly decided to pave park of her front

Resolved Question:

My neighbour has suddenly decided to pave park of her front garden (without informing me) and intends to pave over an area of grass which overlaps half of my second parking space. Although this is shown on the deeds of our properties, I have been using and maintaining this area of grass unimpeded for more than twenty years. Can I claim adverse possession of this piece of land to prevent her from tarmacing it, which will increase the likelihood of me losing the use of my parking space?
Submitted: 3 months ago.
Category: Law
Expert:  Jamie-Law replied 3 months ago.

Hello my name is ***** ***** I will help you with this.

Just to be clear, that area of land you want to claim is not your own, nor is it fenced off excluding all others?

Customer: replied 3 months ago.
The rather vague map on the house deeds seems to show that my land ends half way across that particular piece of lawn and it has never been fenced off. My concern is that it extends halfway across my parking space (mine as shown on the deeds) and once tarmacked, will encourage my neighbours visitors to use all of the space, denying any of my family use of that space.
Expert:  Jamie-Law replied 3 months ago.

How long have you used this?

Customer: replied 3 months ago.
Since I moved in, more than 20 years ago. I had a verbal agreement with the neighbour at that time to use and maintain it. The neighbours house has since changed hands and the current owner of the past 12ish years has never questioned this arrangement until now.
Expert:  Jamie-Law replied 3 months ago.

Ok - then you can argue that you have a prescriptive right of way which has been gained.

If it stops you from parking then you can issue Court proceedings to stop this. You gain such a right after 20 years.

To do that you would need to issue Court order using form N1:

http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n1-eng.pdf

The court would set the matter down and decide whether to make an order to stop them doing this and so you can use your second space.

If they ignore the order, this could be contempt of Court which they may be warned, fined or sent to prison
Can I clarify anything for you about this today please?

Customer: replied 3 months ago.
Thanks very much for your advice. I have already informed the neighbours that I am seeking legal advice, how do you advise me to proceed?
Expert:  Jamie-Law replied 3 months ago.

Issue proceedings and get an injunction against your neighbour. You are the victim here - you should not be bullied by other people. its time to show them who is boss and that you can not be messed with. The way you are being treated is absolutely terrible.

All the best. If I could ask you to rate my answer before you go today, by clicking on the 5 stars or happy face, otherwise the site does not pay me for the time spent with you today. It is also an important part of the online process. Thank you in advance and good luck!

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