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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 70633
Experience:  Over 5 years in practice.
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the back lane behind our property serves as an access and parking

Resolved Question:

the back lane behind our property serves as an access and parking to two other properties also. where our street ends and the following street begins the tenant of one of the properties seems to think they have the right to park in our back lane the address of the properties with the back lane is Commercial street the parking offender lives in Moriah place and has no back access
Submitted: 3 years ago.
Category: Property Law
Expert:  Remus2004 replied 3 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
Is it simply a case that he is parking in your back lane as opposed to his own back lane?
How many properties have access over your back lane?
How many of those would be willing to contribute to any legal action or is it only you that is affected?
Is no one really affected but it's annoying because he has no right to do this?
Customer: replied 3 years ago.

1 he has no back lane to his property

2 three properties

3 don't know

4 because of his vehicle we are unable to park in our lane

Expert:  Remus2004 replied 3 years ago.
The person that should really deal with this is the person that owns the lane.
If you have a documented easement, your easement is being interfered with by some on who is trespassing. The land owner is allowing that trespass.
You may not know who owns the lane or the owner of the lane may not be the least bit interested in which case you should really sue the owner of the lane to get them to take action against the offender. In that case you may have a problem.
If that’s the case, that you don’t know who the landowner is all he is simply not interested, you can sue the trespasser yourself for interfering with your right to use the lane however if the trespasser decide to defend your action it may get thrown out because you are not the landowner.
Of course, the other users will get the benefit of any court action that you bring even if they do not contribute to the costs or risk any costs.
A solicitors letter threatening a court application and an application for substantial legal costs and court costs may stop the parking as the offender may not want to incur those costs and have to face court proceedings.
Can I clarify anything for you?
Jo
Customer: replied 3 years ago.

the lane in question is a dirt track maintained by the three properties in question and is access to said properties having contacted land registry I was informed the last place of access was no*****which is my property and there was no legal access to Moriah place

Expert:  Remus2004 replied 3 years ago.
Thank you. Based upon the further information you just let me have, I can confirm that my answer remains the same.
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