Parking dispute
Discussion
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.
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 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 outOK there is cost involved but unless there are LA laws preventing it that would probably be my action.
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
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
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
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
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.
You can acquire possession of land over time, 15 odd years I think, but it has to be without the owners permission.
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?
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?
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...!
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.
(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.
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