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Thomas
Thomas, Solicitor
Category: Property Law
Satisfied Customers: 7617
Experience:  UK solicitor holding an England and Wales practising Certificate.
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My father allowed his next door neighbour to use about 4

Customer Question

My father allowed his next door neighbour to use about 4 feet of land to allow a car past their house about 30 years ago. Now the next door property has been sold, is there a time limit that that piece of land can be taken back. It was never done legally, just a neighborly gesture.
Submitted: 1 year ago.
Category: Property Law
Expert:  Thomas replied 1 year ago.

Hi

Thanks for your question. I will try to help.

If your father simply allowed them to park the car on it then he has not transferred it to them – it remains in your father’s ownership.

However, if he has allowed them to park there for 30 years continuously then the previous owner could argue that he has acquired a right of parking by prescription. This is another way of saying that they could argue they have acquired the right of way legally by long use.

However, if the previous owner did not register the right of way at land registry (you would have been told by land registry if he had) then it may be difficult for the new neighbours to enforce because they would need the previous owners testimony.

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Kind regards,

Tom