Parking dispute

Author
Discussion

TOPTON

Original Poster:

1,514 posts

235 months

Thursday 19th June 2014
quotequote all
My son has just bought the house on the right, along with quite a large garden behind that wooden fence. He also owns the full width space this side of the fence, from house to house and out as far as the foot path. We have the land registry title plan dated 02/04/14 showing this.



The problem is the neighbour on the left with the red car. She knows she doesn't own the ground, we showed her the title plan. 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.

Corpulent Tosser

5,459 posts

244 months

Thursday 19th June 2014
quotequote all
If your son is certain he owns the land then moving the fence closer to the front of the house, would be a way of reclaiming the land.

OK there is cost involved but unless there are LA laws preventing it that would probably be my action.

evoivboy

926 posts

145 months

Thursday 19th June 2014
quotequote all
Corpulent Tosser said:
If your son is certain he owns the land then moving the fence closer to the front of the house, would be a way of reclaiming the land.

OK there is cost involved but unless there are LA laws preventing it that would probably be my action.
Or fit fold down posts while she's out

PurpleMoonlight

22,362 posts

156 months

Thursday 19th June 2014
quotequote all
Use of land with the permission of the owner does not mean the user gains possession of the land, even after 20 years.

Your problem is stopping her.

The cheapest way would be a barrier of some sort, perhaps a couple of parking posts.

Mr SFJ

4,076 posts

121 months

Thursday 19th June 2014
quotequote all
I think if it was council owned land then they would allow her to keep it, but as it's private I'm not sure. If it's his, why not just put a gate up with a lock remembering NOT to secure it to her wall?

speak to the CAB on this one.

A private agreement between her old neighbour doesn't automatically entitle her to park there, even if she has paid for it, she used it, and paid for it's upkeep. And the dropped kerb looked like it's outside the left half anyway, so purely was for her benefit, not the owner.

IANAL, but check with CAB

Fartomatic5000

558 posts

154 months

Thursday 19th June 2014
quotequote all
Move the fence out and put a gate on it.

Snowboy

8,028 posts

150 months

Thursday 19th June 2014
quotequote all
Wait till she us out, park your car there.
She'll soon get the idea.

TOPTON

Original Poster:

1,514 posts

235 months

Thursday 19th June 2014
quotequote all
I should have said, we've thought about fold down bollards and fencing things off. (and nuking her, frozen sausages etc, before someone else says it) But that would be an inconvenience to him also.

It is more the legal side of things that is a concern, just how much claim does she actually have on the land ??? After using it for so long, with the previous owners consent.

ETA

would a solicitor give her that advice or is she spinning one

Edited by TOPTON on Thursday 19th June 16:49

R0G

4,984 posts

154 months

Thursday 19th June 2014
quotequote all
What do you need the red car space for?

PurpleMoonlight

22,362 posts

156 months

Thursday 19th June 2014
quotequote all
TOPTON said:


It is more the legal side of things that is a concern, just how much claim does she actually have on the land ??? After using it for so long, with the previous owners consent.
None as far as I am aware because she was granted permission to use it by the previous owners.

You can acquire possession of land over time, 15 odd years I think, but it has to be without the owners permission.

Fish

3,975 posts

281 months

Thursday 19th June 2014
quotequote all
I'm assuming she is thinking possesory title which doesn't work if you have genuine registered title. If it is genuinely registered then it is yours. The problem is getting her to see that.



Maybe some form of rental contract with a nominal rent if you don't need the space...This then puts it on a more legal chuck off footing for the future?

Dixy

2,913 posts

204 months

Thursday 19th June 2014
quotequote all
She is spinning one, standard PH advice is put a skip behind her car.

73mark

774 posts

126 months

Thursday 19th June 2014
quotequote all
She may well have used it for 20 years,but now you have just bought the house and the land.
Hard st bad luck you had a good run,NOW GET OFF MY LAND.

Seesure

1,187 posts

238 months

Thursday 19th June 2014
quotequote all
Buy and old caravan and park it up when she's out - remember to put a tow hitch lock on and a denver boot... job done!

hahithestevieboy

845 posts

213 months

Thursday 19th June 2014
quotequote all
Perhaps she is claiming to have an easement?

Randomthoughts

917 posts

132 months

Thursday 19th June 2014
quotequote all
"You've got until the end of the week to find somewhere new to keep your car, then I charge £25 a day for it's use."

Problem solved.

gcollins

311 posts

165 months

Thursday 19th June 2014
quotequote all
Dump a 12 yard skip on it....

Googie

1,071 posts

125 months

Thursday 19th June 2014
quotequote all
The reference to 20 years is probably not coincidental as this is the period of time required to acquire a prescriptive right as opposed to a possessory title which is 12 years. If there was an "arrangement" with the previous owner this should have been disclosed by the vendor on the pre-contract enquiries. This would be a first port of call in addition to putting her on formal notice that no parking right exists here. He should speak to a solicitor here which I am not...!

zzzzzzzzzzzzzzz

32,880 posts

216 months

Thursday 19th June 2014
quotequote all
s31 Highways Act may come into play...

Highways Act said:
31 Dedication of way as highway presumed after public use for 20 years.

(1)Where a way over any land, other than a way of such a character that use of it by the public could not give rise at common law to any presumption of dedication, has been actually enjoyed by the public as of right and without interruption for a full period of 20 years, the way is to be deemed to have been dedicated as a highway unless there is sufficient evidence that there was no intention during that period to dedicate it.

PurpleMoonlight

22,362 posts

156 months

Thursday 19th June 2014
quotequote all
zzzzzzzzzzzzzzz said:
s31 Highways Act may come into play...
No it won't.