Turning part of my back garden into a parking space

moneyistooshorttomention

I believe different rules apply to land owned by Councils (and that, presumably, applies even down to parish council level) to land owned by private individuals.

For instance - back to the "adverse possession" point - I think (from memory) that its 30 years before anyone can lay claim to land that isn't theirs if it belongs to a Council (ie rather than a private household).

*************

I didn't know that point that a poster made about people being able to put in a compensation claim for injury incurred on land they were claiming "prescriptive rights" over. But - I recently saw someone somewhere else on the Net saying this was the case and it wouldn't surprise me. That would be very cheeky to trespass on someone else's land just because it was legally possible (those "prescriptive rights") and then have the nerve to put in a claim for injury when they were somewhere they didn't-oughter-be anyway.

Davesnave

moneyistooshorttomention wrote: »

That would be very cheeky to trespass on someone else's land just because it was legally possible (those "prescriptive rights") and then have the nerve to put in a claim for injury when they were somewhere they didn't-oughter-be anyway.

If you were a landowner you'd know about this. Many take out an extension to basic insurance just to cover the possibility. It's also why only specialist companies, like NFU and Cornish Mutual accept the risks.

It's just another extra expense, like cutting the roadside hedges so that Joe Public can see his way clearly, and then presume that the council does it, or pays for it! :rotfl:

force_ten

what is this access like?
is it a made up road with a maintained surface or is a a dirt track

talk to your neighbours that are using the lane for parking to see if they have any right of way over the land or if they are just winging it and nobody has said anything

moneyistooshorttomention

Quite possibly so Dave - ie that I would know about it if I were a land-owner.

I didn't know this concept could apply to an ordinary little householder in the street if a neighbour trespassed for instance - until I saw that thing recently.:eek:. I guess I basically assumed that "They trespass - then they deserve what they get" would about sum it up. Hmmm....accidental stuff of a non-permanent nature I guess then....

MisterBaxter

moneyistooshorttomention wrote: »

I believe different rules apply to land owned by Councils (and that, presumably, applies even down to parish council level) to land owned by private individuals.

For instance - back to the "adverse possession" point - I think (from memory) that its 30 years before anyone can lay claim to land that isn't theirs if it belongs to a Council (ie rather than a private household).
.

It was always 12 Years for Council Land when dealing with adverse possession (not aware that it has changed); I dealt with a few claims when I worked in Local Authority, people often take small parcels of land and extend their gardens; the issue usually arises when they come to sell and have to put in an adverse possession claim to Land Registry.

I've also seen a number of instances similar to the one raised by the OP where homeowners have accessed unchallenged their gardens across garage sites or parking areas and have gained rights because of the time passed; without any of the liabilities of maintaining or insuring. They assume that because they pay their Council Tax it is OK to do. A good number of potential small house build plots will have been lost this way.

Anyone finding themselves in this position as a land owner should act to protect their interests as quickly as possible. Anyone wanted to take advantage to do so without bringing attention to themselves and then drop a claim as soon as they can.

As for insurance; there have been successful injury claims made people engaged in criminal activity; doesn't seem fair but it's the way the law works.

Davesnave

moneyistooshorttomention wrote: »

I didn't know this concept could apply to an ordinary little householder in the street if a neighbour trespassed for instance - until I saw that thing recently.....

I think ordinary household insurance would cover this. People's gardens aren't like fields with footpaths etc,which invite the public in.

MisterBaxter

Davesnave wrote: »

I think ordinary household insurance would cover this. People's gardens aren't like fields with footpaths etc,which invite the public in.

Household insurance should cover you but knowing insurance companies they may try and wriggle out of it if you have neglected the upkeep of the property. Post Office workers are a likely candidate for claims as they are generally going to be seen as tolerated trespassers. Duty of Care can be an odd thing.

smfdurham

To drive to the back garden I'd need to go over a reasonably well maintained Tarmac car park which belongs to the allotments but is used by 100% of residents and their visitors (it's literally the only way to turn round, other other option would be reverse around 40 metres). After the car park I then turn right and drive around 5 metres down a dirt path, 10 metres down the path is where a neighbour parks.

Also incase it's interesting, the car park gates are open except for one day a year when they close, when they close all residents are notified well In advance

moneyistooshorttomention

MisterBaxter wrote: »

Anyone finding themselves in this position as a land owner should act to protect their interests as quickly as possible. Anyone wanted to take advantage to do so without bringing attention to themselves and then drop a claim as soon as they can.

I couldn't agree more.

I would definitely urge anyone in this situation who finds neighbours are trespassing to deal with it quick before they get anywhere near the chance to claim "20 years worth". Keeping on false "good terms" with them because they've been allowed to "ride roughshod" over you v. keeping your house value and the ability to do what you decide on your own property = no contest.

moneyistooshorttomention

smfdurham wrote: »

Also incase it's interesting, the car park gates are open except for one day a year when they close, when they close all residents are notified well In advance

That sounds like they know the law then. I would read their actions on that as being that they know this is being used as access and are prepared to tolerate it, as long as no-one is able to ever claim that its a ROW (hence that gate-shutting for one day a year). There is no way of them being able to say "I used it every single day for a year - so I'm a 'regular' user" (because they didn't - they only did so for 364 days and then their use got broken, before being given permission to re-start in effect by the unlocking of the gate again).