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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We have been parking in a little alley way at the bottom of

Resolved Question:

We have been parking in a little alley way at the bottom of our shared private rd. We have no designated parking for our house. All other houses do. There have been 2 prior owners of our house who both parked there. 25 yrs each. I believe the alley way belongs to Mendip council. Can we claim it as ours as we have parked there for so long? A friend of mine had a similar situation and said she won her parking place because she had been using it for more than 7 yrs. I need to find out as my neighbours have blown 3 house sales in 2 months for us, by telling potential buyers they can not park there and they only tolerate us parking there.
Thankyou.
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you,
Does the alley exclude anyone else in terms of access or can anyone get there please?
Customer: replied 2 years ago.

How do we do this no er the phone? My neighbours have just sabotaged another sale by having a go about parking to the people who wanted to offer this morning. This house is being sold with no parking.

Expert:  Ash replied 2 years ago.
On the phone is an extra service which you can accept.
Is the parking excluding all others or can anyone park there?
Customer: replied 2 years ago.

There is a right of way I believe for the alley way that cuts through to Goulds ground. There are a few houses which have gates out on to the alley. Where we park leaves walking access down the side. If you look on the plan attached h have drawn an oval where we park. Goulds lane is a private rd. The garages belong to the houses on the st. Some are rented out to people on Goulds ground. They are the ones using the alley. Nobody else parks in my spot as they all have ample parking. However due to these constant disruptions to out potential sales I now feel I have to find out if we have a way of claiming this space. Also find out the exact boundaries of our private lane. I believe we are still parking on our private rd as it is wide and also if you look at the plan, the place we are parking is parallel to the driveways before the garages which I am hoping is still part of the private rd not alley way

Customer: replied 2 years ago.

I attaching photo of where our car is parked in relation to our private rd.

Customer: replied 2 years ago.

Attached is photo facing down alley showing access

Customer: replied 2 years ago.

This photo is down the alley. You can see the end of the garage building and the old wall which I believe indicates where the alley starts. If where we park is our private rd, hopefully nobody would have the right to tell people that we have no right to oark there. 10yrs of parking there with absolutely no problem and as soon as we are on the market this starts.

Expert:  Ash replied 2 years ago.
Ok. Sadly you can't claim the land. You can only claim adverse possession if you have had use of the land excluding all others for ten years.
Looking at it, you have not had exclusive access which is what you need. So no, you can't claim this land as if it was your own.
I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.

Thankyou, last question is, as a private rd do we have the right to park on our rd. Even if no designated place?

Expert:  Ash replied 2 years ago.
Do you have a right, not necessarily, it depends who owns it. Any right will be in the deeds.
Does that help?
Alex
Customer: replied 2 years ago.

The deeds state access to and from our property and as shared ownership we have shared maintenance of the Rd. It doesn't state anything regarding parking at all.

Expert:  Ash replied 2 years ago.
Then sadly there is no right to park, but nor anything stopping parking.
I am sorry.
Alex
Ash and other Property Law Specialists are ready to help you
Expert:  Ash replied 2 years ago.
Hi

I am just following up to see if there is anything else I can help with?

If you have not done so already might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex