Advice on parking rights on an unadopted land

Jenn_0014

Hi All,

Hoping someone can give me a bit of advice.

We moved into our flat around 5 years ago. The flat is in a block of 4 with a back garden. When we moved in there was trees, bushes, and mud outside our back garden where all the flats parked if we could fit, there was space for maybe 3 cars. We planned on buying the small bit of land adjacent to a road and tarmac to fit more cars in. We contacted everyone we could and no one is listed as ever having owned the bit of land.

So my partner and i spent the most part of the spring clearing all the trees, bushes and mud and we arranged tarmacing and lining and now there are 6 spaces. We let our neighbours who were all very happy.

2 years on with no problems. We now have new renters downstairs, who have 3 cars but are aware that we did all the work and paid for the tarmac and new neighbours across from them who we think , think the parking has always been there and it belongs to them. We also have hairdressers underneath the block next door who have increased their opening hours and now use our parkiing!!

This has meant I can never get a space and at the front of our flat, you can only stay for 2 hours. We have told the hairdressers numerous times and informed their head office but there has been no change.

We have bought yellow bollards but haven't installed yet as we're not sure how to handle the neighbor diagonal.

Any advice anyone?

maninthestreet

So you don't own the land??

parking_question_chap

Sounds like it would be the landowners decision what its used for. If you are not the land owner there isnt much you can do.

fatrab

Jenn_0014 wrote: »

and now use our parkiing!!

It's not your parking though is it?


If I pay to have the pavement outside my house tarmac'd do I have the right to say who walks on it? (it needs done btw and the council are refusing but that's another story)


I know you said you asked around for the owner with the intention of buying it, but legally it isn't yours just because you developed it, in fact if the rightful owner lays claim to the land you may find that you'll get the bill to reinstate it to its former glory (if they find out it was you who did the work).

Paradigm

Somewhere to start....

http://sasdaniels.co.uk/blog/2017/03/15/unregistered-land-unclaimed-land-register-claim/

Aylesbury_Duck

Jenn_0014 wrote: »

Hi All,

Hoping someone can give me a bit of advice.

We moved into our flat around 5 years ago. The flat is in a block of 4 with a back garden. When we moved in there was trees, bushes, and mud outside our back garden where all the flats parked if we could fit, there was space for maybe 3 cars. We planned on buying the small bit of land adjacent to a road and tarmac to fit more cars in. We contacted everyone we could and no one is listed as ever having owned the bit of land.

So my partner and i spent the most part of the spring clearing all the trees, bushes and mud and we arranged tarmacing and lining and now there are 6 spaces. We let our neighbours who were all very happy.

2 years on with no problems. We now have new renters downstairs, who have 3 cars but are aware that we did all the work and paid for the tarmac and new neighbours across from them who we think , think the parking has always been there and it belongs to them. We also have hairdressers underneath the block next door who have increased their opening hours and now use our parkiing!!

This has meant I can never get a space and at the front of our flat, you can only stay for 2 hours. We have told the hairdressers numerous times and informed their head office but there has been no change.

We have bought yellow bollards but haven't installed yet as we're not sure how to handle the neighbor diagonal.

Any advice anyone?

Do not install the bollards. Although slim, there is a chance that with the disputes with the neighbour and the hairdresser, things become more formal and land ownership is established. You might then be in a tricky position having done what you have done to someone elses land.

Basically, there is nothing you can do to enforce your own rules on what is not yours in the first place. You were opportunistic in claiming the land and now others are being opportunistic in using it.

George_Michael

Paradigm wrote: »

Somewhere to start....

http://sasdaniels.co.uk/blog/2017/03/15/unregistered-land-unclaimed-land-register-claim/

As claiming ownership of unregistered or unclaimed land requires proof that the person submitting the claim has been using that land for a minimum of ten years, the OP has about another five years before they can even consider doing this.

unforeseen

Actually the 10 years hasn't started yet because the OP hasn't yet fulfilled the basic conditions of factual possession and other actions to exclude all others to start the clock.

stator

If you want to claim the land you need to block other people from using it.

At the moment it's just a bit of land you have spent money on but no-one knows who owns it.

You might cause trouble by blocking access, but at the worst case you will end up not owning the land and perhaps paying the landowner for the damage you have caused. Best case you end up owning the land. It's your risk and your decision.

PasturesNew

Get a disposable mobile and have a "For Sale" sign made with the phone number on (so you can take calls) .....

After a few days, plaster a "SOLD" sticker over the For Sale sign.

Wait 1 month, take down the For Sale sign and put up "official looking Parking Enforcement signs" threatening anybody who parks there without a permit. Set time limits for parking on the sign..

Issue permits.

Keep a low profile and hope that's enough to scare people off.......

After all, you've "stolen" the land too, so it's a question of how far you're willing to go in your subterfuge of "having what you want".

DoaM

There are plenty of private parking companies whose morals are such that they don't care if you own the land or not - they'll happily "manage" the parking for you. (Some will happily let you do most of the work, such as taking photos that you upload to the PPC's website, and then they send out the parking "fine" by post to the registered keeper. If the "fine" is paid then you get a cut - maybe £10 per ticket paid).

PS - I'm not seriously suggesting you do this, but the above is actually true. Search in the Parking sub-forum for Norris Cole.