PLEASE READ BEFORE POSTING

Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.

Parking issue

Hello, it’s only my second post so please excuse me if I’m doing something wrong.

I have a question regarding parking and creating an easement.
We bought a property and there was no easement flagged to us at all. We have been having various problems with the neighbours and they now also started blocking our drive, that belongs to us but they have right of way. 
The lease says that the drive cannot be obstructed at all, my question is:
- would they be able to create an easement if technically it is obstruction?
it is a single drive so anyhow they park will prevent us from getting to our garage

Thank you 
«13

Comments

  • user1977
    user1977 Posts: 13,346
    First Anniversary First Post Name Dropper Combo Breaker
    Forumite
    Are you asking whether they can somehow acquire rights merely by parking on your driveway often enough?
  • maruuchan
    maruuchan Posts: 17
    First Post
    Forumite
    My question is if easement by prescription can be acquired if they (potentially) parked for 20+ years but the parking itself breaches the lease. 
  • user1977
    user1977 Posts: 13,346
    First Anniversary First Post Name Dropper Combo Breaker
    Forumite
    Maybe! Though I think that also requires exercising the easement without objection. So, how long have they been doing that?
  • maruuchan
    maruuchan Posts: 17
    First Post
    Forumite
    As mentioned, possibly 20+ years. They have lived in the property for more than that. 
    My understanding is that they have parked with permission, however the previous owners passed away so there’s no proof of the permission 
  • mexican_dave
    mexican_dave Posts: 258
    Name Dropper First Post
    Forumite
    I am not a lawyer, so maybe others can take this point up: maybe the lease trumps the parking claim?
    So if your neighbours are in breach of the lease, they might be unable to claim the right to park.
    So who does the lease you refer to apply to? You and your neighbour or only you or only your neighbour?
    Let's see what those MSE legal experts say!

  • eddddy
    eddddy Posts: 16,142
    First Anniversary First Post Name Dropper
    Forumite
    edited 12 February at 8:55AM
    I am not a lawyer, so maybe others can take this point up: maybe the lease trumps the parking claim?
    So if your neighbours are in breach of the lease, they might be unable to claim the right to park.
    So who does the lease you refer to apply to? You and your neighbour or only you or only your neighbour?


    The OP talks about "our drive, that belongs to us but they have right of way" and also talks about "the lease".


    @maruuchan you need to be a lot clearer. For example,
    • In what sense does the drive belong to you - are you the freeholder, or are you a leaseholder (and your lease includes the drive)?
    • On what basis do the neighbours have a right of way - are they leaseholders and their leases give them right of way? If so, who are their leases between?

    Or something else?

      
  • user1977
    user1977 Posts: 13,346
    First Anniversary First Post Name Dropper Combo Breaker
    Forumite
    Have you actually taken any steps to enforce the conditions as written, rather than just worry about what would happen if you do nothing?
  • propertyrental
    propertyrental Posts: 2,207
    First Anniversary First Post Name Dropper
    Forumite
    As edddy says, much more clarity needed about the legal positions.

    I'd go further - as well as answering edddy's Qs, you should quote the exact wording of the Title documements, lease(s) etc
  • maruuchan
    maruuchan Posts: 17
    First Post
    Forumite
    Hello, thanks for getting back to me.
    the property is share of a freehold, we both have a share each. My title deed shows that the drive belongs to me as a “demised premises” with the neighbour having right of way at any time.

    So from the lease point of view - it says the driveway cannot be obstructed at any time.
    Yes, we did ask them to stop parking but they are refusing; they seem to think that nobody can park (which is fine by me) so he says we must both park. They want to park 2 vehicles and are asking me to knock to their door each time I want to leave so they can remove it.
    hope that helps thank you 
  • maruuchan
    maruuchan Posts: 17
    First Post
    Forumite
    As edddy says, much more clarity needed about the legal positions.

    I'd go further - as well as answering edddy's Qs, you should quote the exact wording of the Title documements, lease(s) etc
    Lease:
    ”the lessors herby demise into the lessee all that maisonette or flat ground floor of the messuage or building (…) together with the entranceway and together with the garage and together with the pieces or parcels of land to be used as a garden (…) and together also with the road or way shown and coloured yellow” then it says “except and reserved to the lessors of the flat number X (neighbour) having a like tight a right of way at all times over and along the path coloured yellow”


Meet your Ambassadors

Categories

  • All Categories
  • 341.8K Banking & Borrowing
  • 249.7K Reduce Debt & Boost Income
  • 449.2K Spending & Discounts
  • 233.9K Work, Benefits & Business
  • 606.1K Mortgages, Homes & Bills
  • 172.5K Life & Family
  • 246.8K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.8K Discuss & Feedback
  • 15.1K Coronavirus Support Boards