Theatened with injunction

[arthurx1234]

I have been parking on an area of land next to my house for over 12 years.

I have maintained this land for the 12+ years

Now my neighbour has told me on Sunday that it is her land, and hasbeen for25 years, and has asked me to park elsewhere.

Today i have recieved a letter from her solicitor telling me if i dont stop parking my car there that she will apply for a court injunction.

I was unaware anyone owned this land, indeed the previous owners of my house parked there for 8 years.

 

First post hope this is the most suitable forum

 

advice PLEASE

Arthur

[ErikaPNP]

Hello, Arthur, I've moved your post to a more suitable forum where it might attract more responses.

[grockle]

Op, It would be a good idea if you were to visit xxxxxxxx, there are experts there on this very subject.

12+8 years may mean you have acquired the right to park there.

Edited November 16, 2010 by IdaInFife
typo removed external website address

[ashmk]

There was recently a case on my local radio's consumer program where a woman had been using her back gate for 20 years untill the council sold the land behind her home to developers. The developers decided to create the backgardens right upto her back fence so she could no longer use the access.

She went to some sort of civil case (I don't know the exact name of it) and they found in her favor and she was granted acces rights meaning the developers, even though they owned the land will have to allow her to keep her access.

[arthurx1234]

Can i claim "Perscriptive Easement"

arthur

[mightymouse_69]

Can i claim "Perscriptive Easement"

arthur

 

I doubt it. There are a few parking/storage cases concerning easements.

 

There are criteria that must be fulfilled for a right to become an easement. One is that the servient owner (the person who the land belongs to) is not excluded from the land. It would therefore depend on the size of the land and the interference caused by your parking.

 

Adverse possession claims may be difficult - the possession must be "adverse" and this is something where there has been much dispute in the past.

 

Land disputes (especially between neighbours) are always best avoided.