Private right of way/parking question

rosscouk

I need some advice.

We have lived in our house (end of three terraced) for the last four years where we have parked around the back of the property, where there are three garages also. There is a small lane to access the rear area.

Our right of way to the garages is provided in the deeds (day and night access) however in practice each of the houses has parked one car in the common space in front of the garages essentially blocking access. This has not been a problem as each house has been content to use the garage as storage. Each of the houses has had one further space each at the bottom of their gardens. This arrangement has been in place for many years however a new person has moved into the end house and wishes to change the arrangement. He is actually the land owner of the lane and the space in front of the garages. He is planning to remove the existing car parking from his garden and he will now wish to park both of his cars in the common area displacing one of the existing cars. We are obviously unhappy with this and wanted to ask advice.

As this arrangement with one car per house using the land at the back of the house to park has existed for possibly longer than 15 years, is there legal precedent for us arguing that this arrangement should continue? Or, as we only have right of way in the deeds is there nothing we can do? If we have right of way, could someone park in front of our garage if they were prepared to move their vehicle on request?

Any help or advice gratefully received.

moneyistooshorttomention

Your comment is about this having existed for more than 15 years.

Has it existed for more than 20 years?

davidmcn

And what evidence do you have of what's happened for the past 15 years, if you've only been there for four?

I'm having difficulty visualising the layout from your description, but if the three houses are the only ones involved, would it make sense to agree how things ought to be arranged and amend your titles accordingly?

rosscouk

Thanks for the reply.

I would need to check. We moved in 4 years ago, however one of our neighbours has been here much longer and said they believe the current arrangement has been in place for 15 years or more.

Theoretically, what would happen if it has been in place for more than 20 years.

moneyistooshorttomention

Theoretically - from what I've been finding out about these things - you "might" be able to claim "prescriptive rights" to carry on using his land. In practice - if you were able to prove more than 20 years usage (that's an "if" obviously) - then you could see what an official verdict would be on whether you could get these prescriptive rights or no.

There is, of course, every chance he has already done his research and found out that you only have 19 years worth...

He probably knew the position before he even bought the house (with decision already in his mind that he would stop parking in his garden).

rosscouk

Thanks again for the replies.

davidmcn - In terms of the layout if you just think of a three house terraced run, with an area at the rear with three garages off to one side, with parking at the back opposite the rear of the houses. The area is enclosed and accessed by a lane down one side.

As for evidence of use, rather tricky to prove I would think. We know that the family who built the houses (100 years ago) are still in the village with one of them living in the property about 30 years ago, so we might be able to get a fairly accurate guess. The garages were built in the late 70's as far as I can tell.

moneyistooshortomention - interesting, however i highly doubt the new neighbour has done this sort of research although it is possible.

Next steps - a get together with all the neighbours to talk through the details. Fingers crossed for an amicable solution.

moneyistooshorttomention

Its entirely possible he has done his research - if not before buying the house, then the second this question arose.

This is the thing - I would imagine it would take a Court ruling (if you can get one) to grant you any "prescriptive rights" you may wish to claim.

It is also entirely possible he has legal insurance as part of the insurance on his house - and he wouldnt be the one trying to claim rights on someone else's land....

Personally - I dont rate your chances personally.

Are you planning on including him in the neighbourly get-together? A bit of G_M's famous "coffee and cakes" of all interested parties?

PasturesNew

A lot of these "rights" that mention years are based on no deeds existing for land/whatever, where people are seeking to "claim" a bit of land for themselves.

You've all got clear deeds stating what you're supposed to be doing and you've all been breaching it, but I'd be surprised if that changed the deeds into "what we've been doing".

Deeds trump "what we've been doing"

AnnieO1234

So let me get this straight, you have rights of vehicular access to your garages? Not to park, just access/egress. And the new owner is attempting to stop parking?

I'm just unclear what you mean that he is then parking in front of the garages himself? Does he have a right to park there in his deeds? Or is it simply that he is displacing existing people parking there, where they shouldn't? xxx

rosscouk

Thanks again for replies.

moneyistooshorttomention - I tend to agree about the prescriptive rights, it is interesting all the same. And yes, we are of course including all the neighbours.

PasturesNew - I should say that all three houses have parked in this way for many years and this includes two houses with rights of access and one who essentially owns the land and grants those rights.

Annie01234 - Two of the houses (ourselves being one) have access rights but not to park. The new owner is not necessarily stopping parking but now appears to want to put two cars there as he wants to extend his garden. This would then displace either ourselves or our neighbours car. I don't know what he has on his deeds. Although the person does not want to use his own garage either, as he uses it for storage.

Apologies for confusion, I have tried to explain but its quite tricky. Thanks again.

DRP

rosscouk wrote: »

Thanks again for replies.

moneyistooshorttomention - I tend to agree about the prescriptive rights, it is interesting all the same. And yes, we are of course including all the neighbours.

PasturesNew - I should say that all three houses have parked in this way for many years and this includes two houses with rights of access and one who essentially owns the land and grants those rights.

Annie01234 - Two of the houses (ourselves being one) have access rights but not to park. The new owner is not necessarily stopping parking but now appears to want to put two cars there as he wants to extend his garden. This would then displace either ourselves or our neighbours car. I don't know what he has on his deeds. Although the person does not want to use his own garage either, as he uses it for storage.

Apologies for confusion, I have tried to explain but its quite tricky. Thanks again.

Why not download the new neighbour's deeds (in fact, everyone's deeds) from the land registry - it will cost you less than 20 quid in total and may clarify what everyone is entitled to do.