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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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There, I own a property in central London acquired in

Resolved Question:

Hello there,
I own a property in central London acquired in 1997. The property allegedly had a parking space in a private drive adjacent to it. I have parked 1-2 vehicles there since. Now one of the neighbours is intending to claim all the spaces. No one has notified me that I can not park there anymore though but I am afraid that it may soon happen. Can I claim ownership based on squatters rights?
Best regards Oliver
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.
On what basis is the neighbour claiming all of the spaces? I assume the spaces are open, ie anyone can park there?
Customer: replied 2 years ago.
The neighbours deed allows him to pass over and park on the drive. My deed allows me to pass over but does not specify parking. I believe that this was an oversight some 19 years back by the original buyer of my property as he and I were always under the assumption that we had a right to park there.
Customer: replied 2 years ago.
there is a sign giving the addresses of the 4 houses adjacent to the drive (including mine), and stating private property, no parking
Expert:  Ash replied 2 years ago.
Its bad news I am afraid, you have a Prescriptive right which you gain after 20 years. This right becomes absolute after 40 years.
But you can't claim squatters rights. this applies to property (ie houses) and in any to claim any adverse possession you need to have excluded all others for 10 years. clearly this is not the case. What you can do is threaten to get an injunction as you have a Prescriptive right to allow parking.
The neighbour can't stop you but you may need an injunction to enforce.
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.
Thank you, ***** ***** that that would be the case. Many thanks Oliver
Expert:  Ash replied 2 years ago.
You can get an injunction to allow your right to park.
Alex
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