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LondonlawyerJ
LondonlawyerJ, Solicitor
Category: Property Law
Satisfied Customers: 814
Experience:  Experienced solicitor
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I have maintained a stripe of land,belonging to my neighbour.The

Resolved Question:

I have maintained a stripe of land,belonging to my neighbour.The land runs next to my land.It is designed as a parking space, next to my drive way and faces the street,I have maintained this land for the past 20 years.Early on he was asked by myself and many neighbours to keep the land in a clean and tidy condition , but he refused.I have cut the grass , pulled up the weeds and regravleled it and kept it in this condition , can I claim it now? Regards
XXXXX XXXXX
Submitted: 3 years ago.
Category: Property Law
Expert:  LondonlawyerJ replied 3 years ago.

LondonlawyerJ :

Hello. I am a lawyer with over 15 years experience I will try to help you with this.

LondonlawyerJ :

Do you use this strip of land or do you just maintain it? Can you just describe your involvement with this land and any conversations with the neighbour about it in a bit more detail please? Is the land registered?

Customer:

We maintain and park our car there . Have requested various times to the neighbour, to keep the land tidy, also the neighbours across the road have as well. The land is part of his property, so i assume it is registered.

LondonlawyerJ :

Thankyou for that. I will be busy for the next hour or so but will answer you later this evening. I hope that is OK.

Customer:

Yes , this is fine. Thank you.

LondonlawyerJ :

OK so you have been using the land as a parking space. It I s your neighbour’s land but you have use it as a parking space for over 20 years. It is not car but probably fro before the time you started looking after the land.


You have not been using it as part of your property exactly but have been using it for the purposes of parking.


This sounds like it may be an easement- a right to use someone else’s land for a particular purpose associated with the use of your land. Effectively in this case a right of parking.


I will assume that there was no existing right to use this land before you started tending it.


It is possible to obtain an easement by long use as of right through the doctrine of prescription. You would need to use the land without permission, without secrecy and without force. You would need to use it continuously for at least 20 years.


This is not very simple law and in order to be sure about this it would be necessary to instruct a solicitor in the orthodox way.


From what you tell me it sounds as though you have not acquired ownership of the land through adverse possession (effectively squatting) over time but you may have acquired a right of usage over the land for parking;


I hope this answers your question but please feel free to ask follow up questions. I have made a number of assumptions in this answer and if any are wrong please let me know.

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