How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Joshua Your Own Question
Joshua, Lawyer
Category: Law
Satisfied Customers: 32253
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
Type Your Law Question Here...
Joshua is online now

We have and previous owners have had a "gentleman's

Customer Question

we have and previous owners have had a "gentleman's agreement" to park in lane next to our house, which belongs to another property who owns the lane leading to our our garage. and other 3 properties in terrace which all have access to garages. We and previous owners have had right to park 1 car in lane with agreement of previous owner. The house and lane is being sold. Can we argue custom and practice to park in lane also it has not been kept well with dips in surface.
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: No we have to sell our house so has just become an issue
JA: Where is the house located?
Customer: our house is end terrace next to the lane so we have already right of acess to reach our garage behind our prperty. in somerset
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: As far as I am aware this has been the right to park in lane for as long as anyone remmebers there is a man who has lived here for 40 years and he may be able to verify duration I just need to speakto him
Submitted: 16 days ago.
Category: Law
Expert:  Joshua replied 16 days ago.

Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.

Expert:  Joshua replied 16 days ago.

may I clarify when you refer to a gentleman's agreement, would I be correct to conclude this means you have in the past parked on the lane with the permission of the owner of the lane please?

Customer: replied 16 days ago.
we have lived here for 3 years and previous owner for 2+ and there was always parking allowed by the current owner who is selling property with rights to the lane. I believe it goes back further and there is someone who has lived here since the 80s who would be able to verify for how long and I can talk to him tomorrow
Customer: replied 16 days ago.
We also have to have access in the lane to reach our garage so I may need to check how that works.
Customer: replied 16 days ago.
I am about to return to work so cannot do any more today
Expert:  Joshua replied 16 days ago.

thank you. If you have a parking on the lane with the permission of the landowner, this operates as something known as a licence. In other ways, a right which can be withdrawn by the landowner either at any time or under the terms agreed if different under the licence.

Unfortunately, a licence is quite different to that of a legal right or easement. The licence operates with the permission of the landowner and as discussed above, can be withdrawn unlike an easement which cannot. It is possible to claim an easement through long use if you can demonstrate that for a continuous period of 20 years or more, you have exercised a particular right without secrecy, payment or permission but from what you describe, you would not satisfy any of these three conditions.

As to what you say, being a licence, unfortunately by extension this entitles the landowner to withdraw permission and in those circumstances, unless you can demonstrate that in the past, a previous owner has exercised the right to Park as a right under the above three conditions, I cannot see any basis on which you could seek to claim a prescriptive right to continue to Park on the lane I regret the course there is nothing to stop you potentially agreeing similar arrangements with any new owner

Customer: replied 16 days ago.
Thank you that has helped I need to speak to person living here for 20+ years
Expert:  Joshua replied 16 days ago.

quite so. You would need to establish that some previous owner of the property parked on the lane for 20 years or more without seeking permission, payment or doing so secretly in order to be able to potentially claim a right in this respect

Customer: replied 16 days ago.
many thanks
Expert:  Joshua replied 16 days ago.

I'm glad the above answers all your questions for now. If you have any follow up questions please revert to me.

Customer: replied 16 days ago.
i will after I have spoken toother resident
Expert:  Joshua replied 16 days ago.

I'm very glad the above was of some assistance

Expert:  Joshua replied 15 days ago.

I hope I was able to answer your question. If you would like to ask me another question in the future, you can add me as a favourite Expert. You'll have the option to do that on your "My Questions" page if you choose to rate our interaction or you can request me by name if you wish. Thank you again for visiting JustAnswer and see you again in the future I hope.