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Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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i own a house with a driveway, on the driveway there in the

Customer Question

i own a house with a driveway, on the driveway there in the past was a parking right by a property that is next to the drive, the old gent who owned the house never owned a car and has never used the parking right. In the years i have lived at my home i have parked my van outside my gates on my drive still allowing access to my property with our car, there isnt space for another vehicle on my drive. recently the gent has passed away and im currently concerned the right of parking will be sought by the new owners whoever they may be! is there anything i can do to prevent the right of parking being used? or if the right hasnt been used for a period of years it becomes void? thanks
Submitted: 3 years ago.
Category: Property Law
Expert:  Nicola-mod replied 3 years ago.

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Customer: replied 3 years ago.
Good afternoon,

Yes I'm ok to wait.. I'm assuming if the question can't be answered the refund is made?


Phil Crowle
Expert:  Nicola-mod replied 3 years ago.
Hello Phil,

We will continue to look for a Professional to assist you.

Yes, if you are not satisfied for any reason we will issue a refund.

Thank you for your patience,
Expert:  Ash replied 3 years ago.
Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

TO be clear there is a right to park on your drive by the neighbour but it was never used?

Customer: replied 3 years ago.

No the Parking right was never used. I have lived in my property now for 11yrs and the old gent has never used the parking right as he didn't have a car. He had lived in his house for around 20yrs.

Expert:  Ash replied 3 years ago.
But he has a right in the deeds?

Customer: replied 3 years ago.


Expert:  Ash replied 3 years ago.
It's bad news. Just because it is not used does not means it lapses. Sadly if it is not used it does not automatically become void. It only becomes void if it is removed from the deeds. The right always remains even if not used unless removed.

I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.

Can I clarify anything for you about this today please?


Expert:  Ash replied 3 years ago.

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.

Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.

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