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Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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How many years use of a parking space allocated to a freehold

Customer Question

How many years use of a parking space allocated to a freehold property within a communal parking area constitute a precedent/prescriptive rights as regards ***** ***** company reallocating same?
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.
How many years please?
Customer: replied 2 years ago.
I bought a freehold semi detached property within a communal area of a converted mill in 2004. There are five freehold properties and five leasehold flats. My property is the largest and has a much used side entrance (to garden area) in addition to front entrance. Previous owners (1999-2004) had always had a narrow parking space that accessed house entrances and highway. Previous to them owners had a vehicle but I cannot verify where they parked this but think the same. Management ( freehold properties not represented within this) now wishes to allocate part of this space to a vehicle belonging to another property, placing it either in front or behind mine thus blocking either the highway or my side entrance.
Customer: replied 2 years ago.
Management say that I have no rights (prescriptive) so an equiring re 'precedent'.
Expert:  Ash replied 2 years ago.
It's bad news I am afraid, you need 20 years use to get a prescriptive right and this becomes absolute after 40 years. You don't have a right if it's below this. So you need to check exactly when access was had. If you are right and its 1999 then you have not had twenty years.
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 2 years ago.
If this answers your question could I invite you rate my answer before you leave today.
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