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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have 3 properties adjacent to a car park now owned by a housing

Customer Question

I have 3 properties adjacent to a car park now owned by a housing association who have taken over the car park from the council who registered the land before the council housing transition to the association a few years ago, My tenants have always parked their vehicles on this land for the last 15 years, as well as previous owners of the property for the last 40 years
to obtain planning on the property in previous years this land was always known as public land
housing association have now issued leaflets on the windscreens of the cars saying that a bollard will be placed in the entrance and only ex council authority and their tenants will be allowed to park from now on
they will be given an access key, though most of these houses are now privately owned
where do I stand?
do I have to tell my tenants to move their 3 cars by Sunday night or what will be the consequences of refusing to move?
Thanks
Submitted: 1 year ago.
Category: Property Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
Have you made representations that you have a prescriptive right to park?
Customer: replied 1 year ago.
Yes, I have clearly communicated this fact to Ty Ceredigion and our MP ***** ***** has spoken to Ty Ceredigion on our behalf however, they have refused to have a meeting with us. We do have an appointment with a solicitor on Wednesday but, because of the notice taped to my tenants vehicles and work to erect a locked bollard is due to commence on Monday 23rd November. I do not want to advise my tenants to take any incorrect action and spoil my claim of my right to park here. My question is, what do I tell my tenants? what are my legal chances of re claiming my right to park here? We will not be available until after 5pm this evening. Thank you Mervyn Botwood
Expert:  Ash replied 1 year ago.
Ok. Potentially you have a prescriptive right as per the Prescription Act 1832. If they are going to start work and you want them to stop them you could seek an injunction, but really you need to do that before work starts.
If they erect then you can seek a Court order that you are allowed access. You gain a prescriptive right after 20 years and this becomes absolute after 40 years.
To get a Court order you would need to complete forms N208:
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n208-eng.pdf
And N16a:
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n016a-eng.pdf
The Court will list the matter for urgent hearing and decide whether to give an injunction. If the court does and they still do the work this is contempt of Court which they can be warned, fined or sent to prison
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
Thank you very much, the information is invaluable however, do I tell my tenants to vacate the car park by Monday morning? and does the prescriptive right include the previous property owner?
incidentally I have a letter from the previous property owner confirming that there was a verbal agreement between the previous property owner and the council, (though this was a public car park) in place for the parking of 4 vehicles, how much evidence will I need to claim prescriptive rights to park 3 cars on this piece of land?
Thank you very much for your help with this matter
Expert:  Ash replied 1 year ago.
Yes the prescriptive right does not just have to be you, it can be previous owners too. I would ask tenant to vacate just in case. You will need to show 20 years use, so you may need to contact the previous owner too,
Does that help?
Alex
Ash and 3 other Property Law Specialists are ready to help you
Customer: replied 1 year ago.
Thank for you assistance, we now know what we need to do, I am 100% happy with your reply.Mervyn
Expert:  Ash replied 1 year ago.
Happy to help
Alex