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LondonlawyerJ
LondonlawyerJ, Solicitor
Category: Property Law
Satisfied Customers: 803
Experience:  Experienced solicitor
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I have to cross about 4 feet of my neighbours land to park

Resolved Question:

I have to cross about 4 feet of my neighbours land to park my car on my driveway. I have been doing this since moving into the house in 2008. He did block it for a few days 5 years ago. He has now chained it off and put up a metal post fixed up with a padlock to prevent me doing this. The post is actually on my side of the boundary. Do I have any rights to ask him to let me park on my driveway. We live on a bend on a main road so cannot park on the road. His reason for doing this he said is we haven't shown him any respect because we haven't kept his forecourt clear of leaves from tree! We clear them when we can but do not do it daily indeed if we did we would be trespassing on his property.
Submitted: 2 years ago.
Category: Property Law
Expert:  LondonlawyerJ replied 2 years ago.
LondonlawyerJ :

Hello i am a solicitor with 20 years experience. i will try to help you with this.

LondonlawyerJ :

I take it you do not have any kind of written right of way. In the absence of that the only way you could have acquired a right of way is through prescription (ie by passing across his land as of right for a long enough period to establish to a right to do so). The period for this is 20 years of continuous and uninterrupted use by you or you predecessors in title.

LondonlawyerJ :

Your neighbour can not put posts on your property though and you could legitimately insist he remove it from your land.

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