Parking dispute
Discussion
Thanks for all the answers so far guys. In answer to some questions-
There is no doubt he owns it. He's been in touch with his solicitor and was told it definitely is his property. Also the land registry forms we have show that too.
His solicitor also told him it is up to Mrs neighbour to prove the opposite, not him to prove it is his, that doesn't help though.
The area is good for 2 cars side by side, my lad and his girly want to park there so their cars are off the road. Blocking it with an old shed or skip would obviously take this option away.
Fitting a folding bollard is the best option, this will stop her from parking there but would also cause trouble. We would much rather come to a situation where she understands that she has no rights to do so, at the moment she thinks she does.
He only got the keys last Wednesday and this has certainly taken the shine off and the excitement of his first house purchase. At the moment he is seriously pissed off but also far too polite to argue and shout at "an old lady" as he puts it (she's 58)
There is no doubt he owns it. He's been in touch with his solicitor and was told it definitely is his property. Also the land registry forms we have show that too.
His solicitor also told him it is up to Mrs neighbour to prove the opposite, not him to prove it is his, that doesn't help though.
The area is good for 2 cars side by side, my lad and his girly want to park there so their cars are off the road. Blocking it with an old shed or skip would obviously take this option away.
Fitting a folding bollard is the best option, this will stop her from parking there but would also cause trouble. We would much rather come to a situation where she understands that she has no rights to do so, at the moment she thinks she does.
He only got the keys last Wednesday and this has certainly taken the shine off and the excitement of his first house purchase. At the moment he is seriously pissed off but also far too polite to argue and shout at "an old lady" as he puts it (she's 58)
Her age is irrelevant. It is not her property and never has been. She knows full well that shes had a good run but that has now come to an end. If it was my land I would politely tell her that if she parks there again her car will be either blocked in or removed. She would soon get the message.
Thinking about this, she could be deemed a sitting tenant. She had permission to occupy the land without consideration. The fact that the previous owner did not disclose that to the new owner is not her problem.
Having said that, you should be able to bring any periodical tenancy which may exist to an end with two months notice.
You really need to have another word with the solicitor I feel.
Having said that, you should be able to bring any periodical tenancy which may exist to an end with two months notice.
You really need to have another word with the solicitor I feel.
TOPTON said:
But because she has parked there with the two previous owners consent for 20 years or so then it is really hers now. She says that she paid to concrete "her" side and to get the dropped curb years ago also.
Now she is refusing to park elsewhere, claiming that because she paid for the work and has parked there for so long, then we can not stop her now. Supposedly (I haven't seen proof) she has been to a solicitor about it and he told her she is 100% correct and to continue to park there.
Is she correct?? I don't think she is.
If she is claiming an easement to park there by reason of 20 years user, she won't succeed because her use has been with the permission of the landowner. Likewise if she is claiming that the land is hers by adverse possession. Now she is refusing to park elsewhere, claiming that because she paid for the work and has parked there for so long, then we can not stop her now. Supposedly (I haven't seen proof) she has been to a solicitor about it and he told her she is 100% correct and to continue to park there.
Is she correct?? I don't think she is.
She might be saying that (by reason of having spent money on the space) she is entitled to continue to park there by reason of proprietary estoppel.
None of this is particularly straightforward, which means none of it would be cheap to sort out if you bring the lawyers in. A consensual solution would be best, if you can somehow persuade her into one that you and she can live with.
If you didn't know, it is an offence to prevent a car accessing the highway, so some of the advice above, bollards, skip, park behind her could land your son in trouble.
First thing I would do is decide if I want to resolve it amicably or not, or if I think it can be. After all this is your sons new neighbour.
I think I'd be tempted to wait till she goes out then park there. Wait till she kicks off. If she is adamant she can park there, say you own the land, the previous owner may have given her permission to park there but you are not and if she has a problem with it she should have her lawyer get in touch with you directly. Substitute you for your son as required.
Hope you can get it sorted.
First thing I would do is decide if I want to resolve it amicably or not, or if I think it can be. After all this is your sons new neighbour.
I think I'd be tempted to wait till she goes out then park there. Wait till she kicks off. If she is adamant she can park there, say you own the land, the previous owner may have given her permission to park there but you are not and if she has a problem with it she should have her lawyer get in touch with you directly. Substitute you for your son as required.
Hope you can get it sorted.
Another reason to try and reach an amicable resolution - http://www.problemneighbours.co.uk/selling-house-w...
The open gambit should be an attempt at polite dialogue not a course of direct action which could be construed as deliberately provocative/confrontational.
The open gambit should be an attempt at polite dialogue not a course of direct action which could be construed as deliberately provocative/confrontational.
oOTomOo said:
If you didn't know, it is an offence to prevent a car accessing the highway,
Fortunately for you being an idiot is not.She has already demonstrated she does not want to be an friendly neighbour. Your son must be firm and solid. Your solicitor has already told you it is her responsibility to prove it and she cant. Don't ask her to move it, tell her.
4rephill said:
Be aware though that as there is no dropped kerb to the right hand side of that area, she can legally park across the back of any vehicle parked on the right hand side (where the white car is), because there is no legal access to the property or the highway without a dropped kerb!
priority course of action - get that kerb dropped asap.I wouldn't worry about upsetting the old lady as it sounds like she wont like losing no matter how nice your son is.
He may as well be more assertive and tell her he bought a house with two spaces because he needs two spaces, the previous owner sold a house with two spaces and not one space and if she has a problem she should take it up with him.
I think you need to move the fence and erectt gates at the earliest opportunity.
lawyers will cost a fortune but the fact that the agreement she claims to have has not been disclosed you may be able to recover some costs.
He may as well be more assertive and tell her he bought a house with two spaces because he needs two spaces, the previous owner sold a house with two spaces and not one space and if she has a problem she should take it up with him.
I think you need to move the fence and erectt gates at the earliest opportunity.
lawyers will cost a fortune but the fact that the agreement she claims to have has not been disclosed you may be able to recover some costs.
oOTomOo said:
If you didn't know, it is an offence to prevent a car accessing the highway, so some of the advice above, bollards, skip, park behind her could land your son in trouble.
...
You'll be quoting POFA 2012 (Schedule 4?) next... ...
- and you'd be right! 
PS (
for the general public) one can't legally immobilise cars parked on private property nowadays... 
So she calls Bib who come out, you show them the LR plan, you show them the letter from your solicitor saying she has no right, you tell them you have asked ever so nicely. they tell you to let her out, which you do and they tell her don't park on his land.
Job jobbed.
And putting a skip on your land is not against the law nor is putting up a bollard, doing it to stop her getting to the road is, but that is not why you did it, after all you asked her to move her car.
Job jobbed.
And putting a skip on your land is not against the law nor is putting up a bollard, doing it to stop her getting to the road is, but that is not why you did it, after all you asked her to move her car.
If her issue is the parking then she's probably going to have to live with losing this one, if it's the money that she has spent it might be worth the OP taking a hit in the interests of good neighbourly relations and offering her something onwards the costs that she incurred dropping the kerb etc.
If a few hundred pounds will make this go away then I'm sure there are plenty who have had long term neighbour problems that would think this is a bargain.
If a few hundred pounds will make this go away then I'm sure there are plenty who have had long term neighbour problems that would think this is a bargain.
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