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Thomas
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Category: Property Law
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Experience:  UK solicitor holding an England and Wales practising Certificate.
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I have parked on privately owed (green belt/ conservation area)

Resolved Question:

I have parked on privately owed (green belt/ conservation area) land for 8 years, I now notice this land is for sale for £50000.
I cannot afford this land and will have nowhere to park if sold.
I also don't know who's selling this land but have heard a local family own it.
There's never been any problem with parking but potentially the new owner could throw us off, do you know of any loop hole where I can keep parking?
Submitted: 2 years ago.
Category: Property Law
Expert:  Thomas replied 2 years ago.
Hi,
Thanks for your question.
Do you have a legal right to do this in the form on an easement on your registered title for your property (if nearby)?
Kind regards,
Tom
Customer: replied 2 years ago.
Unfortunately not, there's been parking allocated for both cottages since we lived here but nothing in writing. It's privately owned.
The previous owner also parked here and no doubt owners before her.
It's unused and overgrown albeit the parking bays
Customer: replied 2 years ago.
Did you receive the last message?
Expert:  Thomas replied 2 years ago.
Hi
Thank you for your question and patience, I’m Tom and I’ll try to help you.
I’m afraid that if there is no express easement benefitting your property then you would not be able to claim an easement by long use. This is called claiming an easement by prescription but unfortunately requires that you have been using the land for parking for a period in excess of 20 years, which you fall short of.
This means that if the owner is not willing to execute a form Deed of Easement giving you an express right to park then you would not be able to park there any longer. I doubt they would consider a deed of easement at this stage though, because they might consider that it could prejudice their sale.
I’m really sorry that I could not have better news for you.
My goal is to provide you with a good service. If you feel you have received anything less, please reply back as I am happy to address follow-up issues specifically relating to your question.
Kind regards,
Tom
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7509
Experience: UK solicitor holding an England and Wales practising Certificate.
Thomas and other Property Law Specialists are ready to help you
Customer: replied 2 years ago.
Relist: Answer came too late.
Expert:  Thomas replied 2 years ago.
Hi,
Is there anything that I can clarify for you?
Tom

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