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Thomas
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7602
Experience:  UK solicitor holding an England and Wales practising Certificate.
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HiI have a parking scenario, that unfortunately involves

Customer Question

Hi I have a parking scenario, that unfortunately involves a bit of neighbourly fall out! I've just purchased the house next door. It's an end of a row of 3 terrace houses and has a parking space alongside it (now owned by me). Next to the parking space is an entrance to a mews. The owner of the entrance / bungalow directly behind, has put up some metal barriers at the boundary point between his and my land.(Imagine a 6M x 3M rectangle, approx one third is my land and the other two thirds his - please see pic below. The skip is where a car is normally parked) The barriers mean I can't open the door to my car - so effectively can't park there. The parking space has been there for 20 plus years. Fyi, the neighbour's anger is about development of the house and a new dormer - which has all been done under permitted development. I have invited the neighbour to come and see the new loft spaceand tried to explain/show how his property is already overlooked, so think it's more perception rather than reality. There is also a major development happening behind all of us - so he's getting it from all sides. I do sincerely ***** ***** best way to deal with this and live reasonably happy ever after, is if we do try and have a sensible and reasonable conversation. But I only think this is possible when I know where I stand or rather can park from a legal perspective! Many thanks in anticipation of your help Kind regards Peter

Submitted: 2 years ago.
Category: Property Law
Expert:  Thomas replied 2 years ago.
Hi
Thanks for your patience.
Is there a right to park contained in the land registry title for your property?
Kind regards
Tom
Customer: replied 2 years ago.
Hi Tom
There is no reference to a right to park on title deeds of 5 Bristol Gardens - but as outlined before this has always been used as a parking space.
Cheers
Peter
Expert:  Thomas replied 2 years ago.
Hi Peter
Thank you for your question and patience, I’m Tom and I’ll try to help you.
If there is no right to park included in the title for your property then the only way that you would claim an easement to park there would be by claiming an easement by prescription.
In order to acquire a right access (easement over the land by long use a person(s) must have been using the access for a continuous period of 20 years. If they have then the legal easement shall have been acquired by prescription.
If the previous owners has been using the land for 20 years or more then you might be able to claim an easement but you will need the previous owner’s input and help in supporting an application to register your easement by prescription and the neighbour would be at liberity to attempt to dispute the application.
My advice would be to attempt to contact the previous owner (possibly via your solicitor) in order to see if they would be amenable to supporting your application to register an easement by prescription. If they are then you would have to instruct a solicitor to prepare the application, because you would want it in the best possible form because plainly it appears that you will have a bit of a fight on your hands from the adjoining owner.
If you were able to get a right to park and the metal barriers effectively prevent the parking indirectly then you could then attempt to apply for injunction to either move or remove the posts/barriers.
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
Customer: replied 2 years ago.

Thanks again Tom

Luckily the previous owner of 5 Bristol Gardens is a friend....and has moved just around the corner. We happily coexisted as next door neighbours since we moved in to No 7 Bristol Gardens in 1999.

Fyi we purchased the property on Jan 5th 2015 from Sue who in turn purchased it in Oct 1995 - so in theory short of 20 years by 10 months. Would this be a problem?

Re drawing up an Easement by Prescription - is this something you could do independent of the current advice you're giving?

Cheers

Peter

Expert:  Thomas replied 2 years ago.
Hi Peter,
You must have 20 years continuous use in order to apply. So, if you cannot
this requirement not then you cannot apply unfortunately.
Presumably the barrier prevents parking for the remaining 10 months so you (I assume) would not now be able to reach this requriement and could not apply.
If you were able to continue to use it for another 10 months then you could then apply.
I could not accept your private instructions to act on your behalf unfortunately. You would have to instruct a solicitor privately in the normal way.
Tom
Customer: replied 2 years ago.
Just to be clear Tom - does that mean to establish an easement by prescription I have two options;
- Put a car on the space when works finish until Oct 2015 ie 20 years of history of parking
Or
- trace the owner prior to the last owner to see if they can help or prior to Oct 1995?
Ps does it matter if continuous parking is interrupted by the works / skip in
the space......or even a period of not owning a car?
Cheers
Peter
Expert:  Thomas replied 2 years ago.
Hi Peter,
You have pretty much identified the two options available to you at this time.
Interupption is a bit of s subjective thing but a temporary interuption (ie. less than 2 months).
Kind regards,
Tom

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