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Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10585
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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We have lived in our house since June 2002 which fronts onto

Resolved Question:

We have lived in our house since June 2002 which fronts onto a private farmyard owned by a third party. We have always parked our 2, sometimes 3 cars, without objection. The deeds to our property state:
'A right of way at all times and for all purposes with or without vehicles to pass and re-pass over and along the private roadway marked A-B-C on the said plan annexed hereto.'
Note: A-B-C is the track from the main road to our property which is approx 250 yards long.
We have the house on the market and potential buyers are asking what is the legal position to parking. Could the farm yard owner stop potential buyers from parking outside of the house?
Submitted: 1 year ago.
Category: Property Law
Expert:  Aston Lawyer replied 1 year ago.
Hi Lewis,Thanks for your enquiry.Have you looked at your Deeds to check exactly the exact of your property and if so, are you certain that the land on which you park does NOT form part of your property?On the basis that it does not form part of your property, I take it that there are no further rights granted to you in respect of the land, other than the right of way?I look forward to hearing form you.Al
Customer: replied 1 year ago.
Hi, we are certain that the land does not form part of our property. The only other rights we have, in respect to the farmyard, is a right to use all sewers, drains, cables etc now laid or passing over through or under the land retained by the farm owner.
Expert:  Aston Lawyer replied 1 year ago.
Hi,Thanks for your reply.I am afraid that you will had to have used the area in question for parking for 20 continuous years, without the formal consent or without objection of the farm owner, before you have acquired any legal rights to continue parking there.If the previous owner of your property had also been parking on the land, this period can be taken into account when working out if your property has acquired the necessary 20 years usage. You would, however, need to get in touch with the previous owner who would need to sign an appropriate declaration confirming their use of the land for parking.Even if you can show 20 years usage, as I have said below, to be successful in acquiring a right, you have to show that the farm owner has never openly consented to you parking on his land, whether that be orally or in writing.As it stands, therefore, the farm owner could turn round to you or your Buyers and ask that you/they stop parking on the land.Please let me know if you require further clarification on the 20 year rule.Kind RegardsAl
Expert:  Aston Lawyer replied 1 year ago.
Hi,Can I assist you any further?Kind RegardsAl
Customer: replied 1 year ago.
Hi Al, sorry for not replying. Thank you for the answer. One last thing once we have located the previous occupants and can get written confirmation that no objections have been placed in 20 years would we need to do anything else to prove we could then legally park?Thank you
Lewis
Expert:  Aston Lawyer replied 1 year ago.
Hi Lewis,Thanks for your reply.The strange law is that if an easement has been used (ie in this case, the parking of a vehicle(s)) for 20 years, then a legal right has been established, full stop.However, an application can be made to the Land Registry to make a note on your neighbours Deeds stipulating that this right has been established. Your Solicitor will be able to discuss this with you in more detail, but it basically entails you and the previous owner signing a declaration confirming the period for which you have parked on the neighbour's land.As you are selling, the Buyers Solicitor may also be happier if this application is made to the Land Registry.I hope this clarifies matters.Kind RegardsAl
Customer: replied 1 year ago.
Hello again AlThank you for your reply.Just want to clarify the wording that was used in your first Email, stating that 'you have to show that the farm owner has never openly consented to you parking on his land'...should this have read openly refused to you parking on his land?Thank you.
Regards
Lewis
Expert:  Aston Lawyer replied 1 year ago.
Hi,Thanks for your reply.To be successful you have to show that no formal consent was ever granted to you, allowing you to park on the land (if he had ever granted you consent to park, then you can't claim an easement has been acquired, as you would have what is called a "licence to park"), and you also have to show that the neighbour has never objected to you parking there.I hope this clarifies matters for you.Kind RegardsAl
Expert:  Aston Lawyer replied 1 year ago.
Hi,Can I assist you any further?Kind RegardsAl
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Expert:  Aston Lawyer replied 1 year ago.
Hi,Please let me know if I can assist further or whether you are ready to rate my answer.ThanksAl