Parking issue

maruuchan

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 

user1977

Are you asking whether they can somehow acquire rights merely by parking on your driveway often enough?

maruuchan

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

Maybe! Though I think that also requires exercising the easement without objection. So, how long have they been doing that?

maruuchan

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

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

mexican_dave said:

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

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

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

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

propertyrental said:

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”