Prescriptive easement and indemnity insurance

PaulCoop58

We have a prescriptive easement (made in 2006 by Statutory Declaration) over unregistered land, owner unknown. It is registered on our Title Deed with the Land Registry. We have owned the property for nearly 36 years. My question is should we also have indemnity insurance to back it up, or is this unnecessary? As an additional question, we have a right of access, which means no one can claim a right to park vehicles on the unregistered land, but does it still mean that others can park, or should the right of way always be kept clear of obstruction? Thank you.

davidmcn

What's the nature of the adjoining land? You may have rights against its owner, but that doesn't necessarily help you if third parties decide it's a handy place to park.

PaulCoop58

The land we have the easement over is a lane which is our only access from a public road. Our right of way extends from the public road up a steep hill to the front of our house, and then beyond our house across the front of the two houses next door to a dead end. The two houses next door to us are owned, but not currently occupied. Our issue is with others, who are not the owners, who have decided it's a useful place to park. and sometimes block our access to our house.

PaulCoop58

The adjoining land to the front of us is occupied by houses that back onto the lane. Several of these houses have off-road parking, and they pass over the lane to access their parking, and that's fine. They are not parking on the lane causing obstruction. 

greatcrested

If you have a ROW over the road, and this is blocked, your enforcement route would be via the owner of the road I believe. Enforcement against 3rd parties who might park there is difficult.

I believe in some cases the council might remove the vehicles, at your (or the land-owner's?) cost, following a rigid process (warning notices on windscreens for a set period etc)

This is, I take it, a private road?

https://www.creativecarpark.co.uk/can-i-park-on-a-private-road/

princeofpounds

There is no particular need for indemnity insurance. A buyer for your property may ask for it, but if there is no real doubt as to the legal validity of the easement then it's not really necessary. However, it's often best just to pay it (doesn't normally cost much in the scheme of things) to avoid delaying or stalling the transaction. You, personally, would be better off ensuring you have legal expenses cover on your house insurance.

As for the obstruction - others should not of course park so as to obstruct your ROW. That doesn't mean they can't park at all on the land, if it is wide enough. But I'm not sure of the precise mechanics of enforcement against third parties. I think you can still apply for an injunction, if it gets that bad. Will google if I get time.

PaulCoop58

Many thanks to all contributors. I will look into the cost of Indemnity Insurance, as if it's not expensive then we may as well take it out anyway to supplement the Stat Dec. I would be interested in any further information regarding injunction on parked vehicles.