Adverse Possession of shared drive

GJ93

Hi there,

I brought this house a little over a year ago with my partener. It is a 60s or 70s style semi detatched house with a shared drive between the neighbours and a garage at the back. Just about all front gardens on the street have been paved or tarmac'd for parking including mine, so we dont have to use the garage and just park infront of the house. Our neighbours on the otherhand have more cars and park one between the house, for which we have no problem with since we dont use the space or need access to the garage.

But a while back the neighbours put plant pots down the side of our house along our wall, which we thought was quite rude and cheeky of them, and started to make me think of Adverse possession. Is it possible for them in the future to claim adverse possession on a shared driveway? If so how do we go about stopping it?

Cheers

elsien

Have you tried talking to them about it? Or started using your garage one in a while to remind them about access?

GJ93

We talked about making sure when they do park there its only against their wall so it doesn't block us getting our bins out or any future deliveries. Which they seemed fine with, although sometimes have to be reminded, other than that they're pretty ignorant and don't speak to anyone much. If we have friends or parents visiting we tell them to park between houses if the car isn't there and hope the neighbours see it just as a little reminder of 'you don't own this space, we just let you park here'.

But if you mean speaking about Adverse possession, no. Don't wanna put any ideas in their heads.

G_M

It's much harder toclaim AP these days. I assume your property is registered. If so, the Land Registry would write to you if a claim for AP was made giving you an opportunity to object.


I doubt any claim would progress beyond that.


See
https://www.gov.uk/government/publications/adverse-possession-of-registered-land

diggingdude

I would be tempted to park there over a weekend if you don't need the car just to remind them

GJ93

Don't want to stir too much though, got to live next to them for most likely a long time haha.

stator

To be honest, I would just move the plant pots back over to their side.


If you want to defend yourself against adverse possession then you just need to give them permission to park there. AP can only be used when the land is occupied without permission. (You might want to add in a clause about them removing vehicles when access is required and that the agreement may be ended at any time) I also don't think plant pots can be interpreted to say that they have exclusive use of the land.

GJ93

We recorded (in secret) the conversation we had with them, in which we said "We don't mind the car being parked there", which I suppose could be proof of us giving permission. Also being a bit petty, but for future proof if we needed it, we have photos of friends and parents cars being parked there and photos of us maintaining the driveway and area, just to show we use it and maintain it also. Which from my research would stop any AP claims, I think.

Norman_Castle

Is it possible for them in the future to claim adverse possession on a shared driveway?

Its possible for them to be increasingly possessive over this shared driveway based on how they have been allowed to use it. Suggest you're thinking of getting a caravan which would need to be stored in this space. If they argue its a shared space intended to be used to access the garages then thats your argument against them claiming it.


Remove their plants, or put your own on their side.

sevenhills

GJ93 wrote: »

If we have friends or parents visiting we tell them to park between houses if the car isn't there and hope the neighbours see it just as a little reminder of 'you don't own this space, we just let you park here'.

I think you are worrying about this too much, so long as you are doing the above.