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Car parking problem
I recently asked a question about my rights to park. I've now found out that the car park is private land, owned by my landlord. What I would like to know is if they try to enforce a residents only parking scheme, would people who have previously used the car park for X amount of time have any legal right to continue using it (similar to squatters rights). If so, what length of time would they have had to be using it and would they have to prove it?
asked in law, rights, legal



babmcg answers:

only those who the landlord says can use the land can use it' those residents who have used it previously have no right to it' they can appeal to the landlords good nature but as it is private land he is quite within his right's to say no' and only allow the residents on his land to use it and no one else'


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Aiming4777 answers:

When you bought your property originally, you should have been granted an easement to park on the land. In this case, there should be a easement created by "express grant" and a Deed of Grant or a clause in your conveyance deed or transfer deed that stated the terms of the easement.

You also have the ability to claim ownership of land by creating an easement by “prescription". This happens when someone carries out an act (that is capable of being an easement) repeatedly, openly and without the landowner's permission for a period of least ten years. (This right was changed recently in the Land Registration Act 2002 and the qualifying period for this is now 10 years).

If a parking easement can be expressly granted then it might follow that a parking easement might be established by prescription, ie. that by parking openly and without the owner's permission on private land for the qualifying period of twenty years an easement would be established.

There may be a problem here, in that the parking of a car in the spot every day (or night) might be seen as excluding the rightful owner from the land that is parked upon, ie. it might be seen as attempting to establish adverse possession (over a ten year period) of the land. It therefore appears that a prescriptive right of parking can be established only if the would-be dominant tenement parks in different locations within a general area (such as at various points along that part of the private road fronting one's property).

However, the crucial part of the legislation in this case is that the act must be carried out without the landowner’s permission. In your case, you had the Landowner’s permission to park there and were doing so with their knowledge so you cannpt claim an easement by prescription..

Of course, parking your vehicle on someone else's land without their permission amounts to trespass. A landowner may give you permission, whether or not he demands a fee for it, to park on his land. Such an arrangement is known as a licence (this is a legal term and there doesn’t need to be a physical licence). A licence is a form of contract and can therefore either reach an expiry date or be terminated. Your landlord is within his rights to terminate this agreement or make it subject to a fee.

See: http://www.propertylawuk.net/adversepossessionsquatters.html
http://www.boundary-problems.co.uk/


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