Claiming part of a car park

[Gas1883]

My daughters house has communal parking for four houses at the rear , when she moved in there was a area at the rear of her car she could reverse into to get in out as she’s in the corner , this was confirmed to me by one of the householders as I was concerned about the parking situation .
For a couple of years this was the case , then the person who said parking would be fine for her has erected a fence ( chained bins in front of it ) & turned it into a garden , which has now made it nigh on impossible for my daughter to get in out ( I’ve tried ) , so she now has to park on road at front of houses .
I assume we will have to look at deeds, but can they eventually claim this part of the car park as there’s ? Is there a time frame ? Thankyou

[Sebring440]

Gas1883 said:

I assume we will have to look at deeds,

You've answered you own question.

We have similar, and each resident's "area" for car parking is clearly marked in the deeds. As is their land, so if a resident tries to "claim" a portion of the car parking areas as their own, you'll be able to check.

[Tymb]

Need to check even if they do own that area there might be a right of access over it.
The block of garages next to my house own the areas in front of their garages but there is an access right for the other owners.
I find this site quite useful for getting an idea of the layout of parcels of land for an area, use the map feature and zoom in on the area you want. It's not a government site.
https://www.landregistry-uk.com/home

[JQ]

Gas1883 said:

My daughters house has communal parking for four houses at the rear , when she moved in there was a area at the rear of her car she could reverse into to get in out as she’s in the corner , this was confirmed to me by one of the householders as I was concerned about the parking situation .
For a couple of years this was the case , then the person who said parking would be fine for her has erected a fence ( chained bins in front of it ) & turned it into a garden , which has now made it nigh on impossible for my daughter to get in out ( I’ve tried ) , so she now has to park on road at front of houses .
I assume we will have to look at deeds, but can they eventually claim this part of the car park as there’s ? Is there a time frame ? Thankyou

You may be thinking of Adverse Possession and no your daughter has no rights to claim it, it requires Exclusive Occupation of the land, ie, fenced off removing all potential use from any other parties.

If it’s in her title deeds, or there are rights of access in the deeds then she can enforce those rights, but I would have expected those to have been highlighted to her on purchase by her solicitor. Check her deeds and those of her neighbour - both easily downloaded from the Land Registry website for a few £.

In future when buying property, questions about access are for her solicitor to answer, not a neighbour.

There are other ways to claim rights, but what you’ve written suggest they would not work. The use has to be over a prolonged period (+20 years) and WITHOUT the landowners consent.

[Lo-Fi]

JQ said:

Gas1883 said:

My daughters house has communal parking for four houses at the rear , when she moved in there was a area at the rear of her car she could reverse into to get in out as she’s in the corner , this was confirmed to me by one of the householders as I was concerned about the parking situation .
For a couple of years this was the case , then the person who said parking would be fine for her has erected a fence ( chained bins in front of it ) & turned it into a garden , which has now made it nigh on impossible for my daughter to get in out ( I’ve tried ) , so she now has to park on road at front of houses .
I assume we will have to look at deeds, but can they eventually claim this part of the car park as there’s ? Is there a time frame ? Thankyou

You may be thinking of Adverse Possession and no your daughter has no rights to claim it, it requires Exclusive Occupation of the land, ie, fenced off removing all potential use from any other parties.

If it’s in her title deeds, or there are rights of access in the deeds then she can enforce those rights, but I would have expected those to have been highlighted to her on purchase by her solicitor. Check her deeds and those of her neighbour - both easily downloaded from the Land Registry website for a few £.

In future when buying property, questions about access are for her solicitor to answer, not a neighbour.

There are other ways to claim rights, but what you’ve written suggest they would not work. The use has to be over a prolonged period (+20 years) and WITHOUT the landowners consent.

Think the OP was asking if the neighbour can eventually claim ownership...

[JQ]

Lo-Fi said:

JQ said:

Gas1883 said:

My daughters house has communal parking for four houses at the rear , when she moved in there was a area at the rear of her car she could reverse into to get in out as she’s in the corner , this was confirmed to me by one of the householders as I was concerned about the parking situation .
For a couple of years this was the case , then the person who said parking would be fine for her has erected a fence ( chained bins in front of it ) & turned it into a garden , which has now made it nigh on impossible for my daughter to get in out ( I’ve tried ) , so she now has to park on road at front of houses .
I assume we will have to look at deeds, but can they eventually claim this part of the car park as there’s ? Is there a time frame ? Thankyou

You may be thinking of Adverse Possession and no your daughter has no rights to claim it, it requires Exclusive Occupation of the land, ie, fenced off removing all potential use from any other parties.

If it’s in her title deeds, or there are rights of access in the deeds then she can enforce those rights, but I would have expected those to have been highlighted to her on purchase by her solicitor. Check her deeds and those of her neighbour - both easily downloaded from the Land Registry website for a few £.

In future when buying property, questions about access are for her solicitor to answer, not a neighbour.

There are other ways to claim rights, but what you’ve written suggest they would not work. The use has to be over a prolonged period (+20 years) and WITHOUT the landowners consent.

Think the OP was asking if the neighbour can eventually claim ownership...

I think you’re right and I misunderstood.

They may be able to claim adverse possession after an extended period in the future, +12 years but it’s a lot harder. And they may have rights through use, but not sure they could remove the use of others. Now is definitely the time to get it resolved.

OP needs to find out who owns the land and why the neighbour thinks they can claim it. Things like this can be painful and very very expensive to resolve if said neighbour is stubborn. If said neighbour does not own the land my first reaction would be to rip the fence down, but that could result in criminal damage charges. So my next reaction would be to get proper insured legal advice - things may differ if they’ve effectively removed access to the OP’s land by erecting the fence on land they don’t own.

My dad had access to his house removed by a neighbour and said neighbour was a stubborn bd and it required a court injunction to get the neighbour to remove the fence, cost around £1,000 I think, and lots and lots of stress.

Best of luck OP.

[JQ]

Should say- my dad’s issue only cost £1,000 as there were express rights to the access in both his and his neighbours deeds with a very very clear plan and statement. There was absolutely no ambiguity. It’s when it’s not clear the costs can get out of hand.

[loskie]

Does your daughter have legal cover with House Insurance or Mortgage provider

[ChevronB19]

I hope it gets solved, but given you’ve already admitted in another ongoing thread that you’ve been arrested twice over two separate parking disputes I’d strongly advise you get a third party to deal with this. Meant with the best of intentions.

[GasEngineer]

ChevronB19 said:

I hope it gets solved, but given you’ve already admitted in another ongoing thread that you’ve been arrested twice over two separate parking disputes I’d strongly advise you get a third party to deal with this. Meant with the best of intentions.

Why is this relevant to the OP's daughter?

[Sebring440]

GasEngineer said:

ChevronB19 said:

I hope it gets solved, but given you’ve already admitted in another ongoing thread that you’ve been arrested twice over two separate parking disputes I’d strongly advise you get a third party to deal with this. Meant with the best of intentions.

Why is this relevant to the OP's daughter?

I'd have thought that was glaringly obvious.

[Richard-D]

ChevronB19 said:

I hope it gets solved, but given you’ve already admitted in another ongoing thread that you’ve been arrested twice over two separate parking disputes I’d strongly advise you get a third party to deal with this. Meant with the best of intentions.

Good spot!

[ChevronB19]

GasEngineer said:

ChevronB19 said:

I hope it gets solved, but given you’ve already admitted in another ongoing thread that you’ve been arrested twice over two separate parking disputes I’d strongly advise you get a third party to deal with this. Meant with the best of intentions.

Why is this relevant to the OP's daughter?

Because OP is involved in a parking dispute, albeit on behalf of his daughter? Please both you and OP note my comment was with the best of intentions - don’t deal with it directly.

[blueg33]

Ops daughter potentially has prescriptive rights over the area. Ie its been used for 20 plus years to gain access, and through time that has become a right by prescription.

Its an easement that effectively works like easements that have been granted. Ie, they can't just be removed.