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Told I cannot park on unregistered land???

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  • Again thank you so much for your help.
    I will look to see if I can get some prices from local solicitors. That seems very sound advice thank you.
    I'm not sure what adverse possession means but wonder if I can still do this?
    There is no evidence of any access rights on this unregistered land. The shaded bit of their plan stops before the unregistered piece that I've parked on. Does this now mean I would be in trouble? Do you think that because they have bought this land they are immediately entitled to access rights over this unregistered land?
    I understand that people are telling me to walk or not park there. I've done this for years without any problems. I really had no idea that things like this could happen and I am obviously very naive!
    I am not really looking for a fight I cannot win but at the same time think I might be a fool if I get tricked or bullied out of this.:cry:
  • DoaM
    DoaM Posts: 11,863 Forumite
    10,000 Posts Fifth Anniversary Name Dropper Photogenic
    edited 31 January 2019 at 10:27AM
    How long have you been parking there? (Number of years). If it's about 20 then you could potentially claim adverse possession yourself? (Edit: maybe not, based on the post below).

    Regarding the "shading" on the plan ... just because the land doesn't belong to the developer doesn't mean that they don't have right of access over that land. You parking there would impede their right of access. Maybe get a copy of the registration for the developer's property from Land Registry? (Costs about £3 I think). That should confirm whether or not they have a right of access over that "unregistered" land.
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    anyideas wrote: »
    I'm not sure what adverse possession means but wonder if I can still do this?
    It's one way to get ownership of "abandoned" unregistered land. You fence it off, and maintain it, excluding access by everybody else... for twelve years. You might have been using it for some time, but you haven't excluded others from doing so, so the clock hasn't started for you.

    You, as non-owner of the land, have no right to interfere with any fence they may have put up - it'd be criminal damage. Any objection you may put in to the claim would be relevant at the time of the claim - in 2031 at the earliest. But you definitely have no right to park on it...
    Do you think that because they have bought this land they are immediately entitled to access rights over this unregistered land?
    No.
    I understand that people are telling me to walk or not park there. I've done this for years without any problems.
    You've been lucky.
    I really had no idea that things like this could happen
    The owner of that land could always have come forward at any time. Whether this other person owns it or not is almost academic.
  • stator
    stator Posts: 7,441 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    What sort of land has the neighbour bought? Is it tarmaced or grass?


    Was it previously used for parking?


    If no, Have you checked if they have planning permission for change of use?



    When you park there, are you preventing the only access to this piece of land?
    Changing the world, one sarcastic comment at a time.
  • Hello again - I've been busy and checked online with the Land Registry. There is nothing that says there is a right of way or access should be made available over that bit of land.

    The land they have bought for access was grassed although some gravel has been thrown down where muddy ruts have appeared. They also have two other points of access to their land, this is not their only access. It was why I was so surprised that they would do this.

    I have parked here for 14 years now and the owner before me did the same.
  • AdrianC

    Do you think I would get in more trouble by fencing off that land? I worry that they would see this as more annoying than me just parking there...
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    You have as much right as they do to fence it off, if they really don't own it or have any right of access.
  • stator
    stator Posts: 7,441 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    anyideas wrote: »
    AdrianC

    Do you think I would get in more trouble by fencing off that land? I worry that they would see this as more annoying than me just parking there...
    Fencing off the land would be pointless at this stage.


    Simply ask the owner for proof that they own the land. That is all you should do.


    You could possibly report them for no planning perimssion, but the council might come after you too, as you don't have change of use for the patch you are using as a driveway
    Changing the world, one sarcastic comment at a time.
  • unforeseen
    unforeseen Posts: 7,383 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    What would you do if the other person started parking on that land?
  • They don't need to park there as they already had access to the front of their property where they have a drive and triple garage!

    There is room enough for two cars if we both parked with consideration for each other. I did try to say this to them before the solicitor got involved. I don't think that suits them though. They just want me out the way.
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