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LondonlawyerJ
LondonlawyerJ, Solicitor
Category: Property Law
Satisfied Customers: 803
Experience:  Experienced solicitor
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I have owned and lived in my property since 1993. As part of

Customer Question

I have owned and lived in my property since 1993. As part of my property I have a small drive that has in the past, had to grant access to a shed that was changed use to a garage. After standing empty since 1993 (with two exceptions when it was briefly rented out). The property that requires the access now wish me to vacate and leave the access clear so they can sell the property (which is held by the owners company and not themselves)
Since 1993 I have always used my drive as a parking space, moving it when asked (about 3 times a year when access was needed). The Shed/Garage in question has to my knowledge since living here has only be used to store items.
1. Is there potential for a claim citing adverse possession?
2. Will I have to vacate the spot should the new owners sell the house?
Many thanks
Joe A
Submitted: 1 year ago.
Category: Property Law
Expert:  LondonlawyerJ replied 1 year ago.
Hello, I am a solicitor with 20 years experience. I ill try to answer this for you.
can you please clarify, is this right of way exercised by someone else on your land. If so there is no question of a claim of adverse possession by you as it is your land anyway.
Is the right of way described anywhere (eg on the title deeds held at HMLR and viewable online). Whether you have to leave the route permanently unblocked or not depends on the terms of the easement (right of way).
You need to find this out before I can give you an answer.
Customer: replied 1 year ago.
Yes there is a conveyance dated October 1987 where rights of access to the garage are mentioned but I am unable to attach this. I have tried to attach the pdf file where by using the Add files command below but a message appears saying an unknown error occurred. Is there an email address I can send this to?
Expert:  LondonlawyerJ replied 1 year ago.
What are the terms of the easement? If it is right of access to the garage then it may imply vehicle access. However the ROW predates the garage you said so what are the terms of the easement. I don't need a PDF just tell me how the ROW is described.
Customer: replied 1 year ago.
The wording is as follows...'the rights set out in the First Schedule TO HOLD unto the Purchasers in fee simple SUBJECT TO a right of way with or without vehicles at all times in favour of the owners or occupiers for the time being of a garage at the rear of the property shown on the Plan to gain vehicular access thereto over that part of the rear of the property hereby agreed to be sold s is shown edged blue on the said Plan.'
Expert:  LondonlawyerJ replied 1 year ago.
The position is that you cannot interfere with the use of the ROW. If you can park there without blocking the ROW you can. It is your land that someone else ha a right of passage over.

YOU can certainly park your car there even if it block the RoW if you know no one is going to use it. It might even be an argument that you can park there if you are at home and able to move it to allow access.

What you can't do is park the car blocking the ROW and then go off and leave it there restricting access to the garage.

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