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Buachaill, Barrister
Category: Property Law
Satisfied Customers: 10944
Experience:  Barrister 17 years experience
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I live in a cottage, which is 1 of 4 which share a driveway

Customer Question

hi i live in a cottage, which is 1 of 4 which share a driveway and/or parking at the rear.
my neighbour but 1 owns the driveway and parking area but as i live on a main road theres nowhere else to park. is there a way in which i can legally own or have rights over a certain area of the carparking? the neighbours are bringing more and more vehicles round the back, taking on tenants and using more space making it worrying especially in light of trying to sell our house
Submitted: 1 year ago.
Category: Property Law
Expert:  Buachaill replied 1 year ago.
1. You will have to negotiate some arrangement with the neighbour who owns the driveway and parking area if you want some ownership right. However, as things stand, this neighbour can ask all of the others to stop parking there, as no one else has any rights to park there. You cannot simply acquire rights to another person's land. Some property rights, in the name of an easement, could be acquired through long user, such as 40 years, but then only if this was done without reference to the neighbour. Here, the is consent to the situation occurring. YOu haven't actually acquired any rights.
Expert:  Buachaill replied 1 year ago.
2. So, if you want to safeguard your position in advance of a sale of your house, you should seek to acquire a parking easement from your neighbour. Otherwise, there is no right to park in the area at all.
Expert:  Buachaill replied 1 year ago.
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