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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71051
Experience:  Over 5 years in practice
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i have been parking and turning on a piece of my neighbours

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i have been parking and turning on a piece of my neighbours land for 25 years now the new neighbours (well they have been there 8 years but now appear to be getting nasty) have started putting notes on my nurses /carers cars telling them not to park .i know i have the right to turn there as i checked with you a couple of years ago .but sometimes my visitors park if there is no other is in no way blocking any access as it is against traffic bollards and nothing can get there.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

How can I help with this please?
Customer: replied 4 years ago.

hi jo

i need to know if i am able to park in this area as i have accasionally been parking there since.i lived there in 1989 and never had any problem with my previous neighbours.i am legally allowed to turn there as i checked with ,just answer a year or so ago as i have been doing this without asking permission and never been challenged for 25 years until now.and i had a solicitors letter sent to the neighbours .but does the same law apply to parking .i must add this area is basically a dead end.a now unused entrance with bollards across it .we are in what was a farmyard but has now devided been owned by three different people my other neighbours are also having problems with these people

Customer: replied 4 years ago.

hi the sytem will not accept either of my email addresses aas i am already a member please send answer to iether of these emails :[email protected] [email protected]


Parking and having the right of way over the land are two totally separate things.

You can have either one in isolation or both although it is actually debatable, if you have the right to park on it, how you could not have the right of way over it although that would depend on the layout of the land.

After 20 years use, provided you can prove 20 years use, you can claim an easement under the Prescription Act.

Each easement is acquired separately after 20 years use but provided the use of parking and right-of-way has occurred at the same time, both easements can be acquired together over the same 20 year period.

The land registry produced a practical guide on easements claimed by prescription.

However during the course of exercising any right, you must not cause obstruction. However to be actionable, it must be a substantial obstruction.

Whether it is substantial or not depends on the facts and provided there is a lot of room, and the neighbour can go in and out without thinking twice or having to manoeuvre, it will not be a substantial obstruction.

Here is a link to a useful article which explains how the concept of substantial obstruction works.

To summarise: you have probably acquired the right to do what you are doing and therefore have your lawful guests do the same, under the prescription act, provided you do not cause obstruction

Can I clarify anything for you?

Customer: replied 4 years ago.

hi jo

what would substantial obstruction be ?

There is no definition of substantial obstruction.

Each case will be looked at on its facts.

Parking a bicycle on a driveway which is used for vehicle access which is only 8 feet wide would be substantial obstruction.

It would not be if the drive was 20 feet wide.

Provided the owner of the land can get in and out without thinking twice about how they drive and provided they do not have to manoeuvre at all, it is unlikely to be a substantial obstruction

Customer: replied 4 years ago.

hi jo

just one more thing what proof would i need would statements from people like the previous owners of the neighbours property be enough and maybe regular visitors over the last 25 years

Sworn statements from previous owners as to their use and neighbours and photographs of you have them.

The timescale runs including all previous owners so it would not matter if you had only been in the property for 12 months provided the previous owners period of use of this land for this purpose, came to over 20 years.
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