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Thomas Judge
Thomas Judge, Lawyer
Category: Property Law
Satisfied Customers: 33011
Experience:  Over 20 years experience
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My neighbour owns the land in front of my garage and is refusing

Resolved Question:

My neighbour owns the land in front of my garage and is refusing to allow me to park my car on it .I have a servitude right to cross the land to access my garage which is on my land .The neighbour concerned does not reside in the house as a permanent address .Do I have a right to park on this land as it accesses my home and cannot be used by anyone else ? There is no private parking signage in place.
Submitted: 1 year ago.
Category: Property Law
Expert:  Thomas Judge replied 1 year ago.
The fact that you state that you have a right of access over the land does not constitute a right to actually park your vehicle on the land - unless this is stated in the deeds. They are technically different rights. Happy to discuss. Please rate positive.
Customer: replied 1 year ago.
I understand they are technically different rights as I had a long drawn out process regarding land rights when buying the house ,including a preemption right held by another neighbour which I was mis advised about at the point of concluding missives .I am looking for clarity regarding my position in this situation prior to seeking further legal advice .The road on which the land resides is a private road but not private access .
Expert:  Thomas Judge replied 1 year ago.
If you neighbour owns the land then you are not allowed to park on it but simply as you state have vehicular access over it. Happy to discuss. Please rate positive.
Customer: replied 1 year ago.
Thank you for your assistance ,I presume I would be required to have a lawyer intervene to request written proof of ownership of the land in question ? As it stands, it's simply been a verbal communication that he owns the land .
Expert:  Thomas Judge replied 1 year ago.
Usually yes - but you can also try to get the deeds from the Land Registry if there are registered there together with the plan.Please rate positive - thanks
Customer: replied 1 year ago.
Thank you for your advise.
Expert:  Thomas Judge replied 1 year ago.
My pleasure - can you please rate positive - thanks
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