Twenty year right of way rule – dedicated car parking space

SarahB16

Very grateful for your views on this please.

Slightly hypothetical situation at present which could very well materialise. 

Person A lives in a house near to some flats and gets on very well with the people who live in the flats and does not in any way wish to fall out with them.  

Person A’s car parking space is a dedicated space for their house in a car park (allocated space) which is very near to the houses and the flats (car park solely for the use of nearby houses and the flats). There would also be some other houses nearby to person A’s house who would also have dedicated spaces in this nearby car park.

Car parking for the flats is in the same car park as person A’s car parking space and the flats also have an additional car park however that car park is slightly further away (1 minute walk but probably a little less secure car park), i.e. there are insufficient car parking spaces in the nearby car park for all the flats hence they have the use of two car parks (but as mentioned the houses have allocated spaces in this nearby car park whereas the flats can only use x number of the spaces).

If person A lets people in the flats use their own allocated car parking space and then has to park their car in one of the spaces for the flats and effectively allows a free for all re the car parking is there a risk that after 20 years an easement (if that is the correct word) has been created and when Person A wishes to sell their house despite the car parking space being on the title plans the people in the flats can continue to use person A's car parking space and the new owner of person A’s house cannot object? 

Person A of course from day 1 of purchasing the house could say don’t park in my allocated space but doesn’t wish to fall out with the people who live in the flats who are older and may feel person A is being unfair expecting them to walk further to their car park. 

My concern is the twenty year right of way rule and when person A sells their house there would no longer be a dedicated car parking space for the house.  In addition, person A feels they have purchased an allocated space with their house, it is nearer to their house and is more overlooked so is safer and so doesn't want to be made to feel guilty for using their own car parking space.  

However, person A is c.20 years younger than the average age of the people in the flats and they may wish person A to feel guilty for not letting them use the nearby car parking space (i.e. the one that belongs to person A).  

I’ll share a link of what I think is relevant to the scenario above:

 Twenty Year Right Of Way Rule Explained - Stephensons Solicitors LLP

Very grateful for your thoughts on this please.  

Thank you  

elsien

If person A has an allocated parking space then people from the flats  shouldn’t be unilaterally parking in it, however old they are.

Just for us to sake of clarity are the people in the flats already using the space, have they asked to do so or is this more a “what if?” - putting feelings of guilt aside, what does person A actually want to do?

Regardless of the legal position, if you let people from the flat use the space over a more prolonged period of time that expectation is going to be there and may well cause problems later on when it is tried to be retracted.
My mother let her neighbour park on her drive but now doesn’t like to ask them to move it when she needs the space for her visitors. They would actually be fine about it (quite rightly) but it doesn’t stop those expectations from getting in the way.

SarahB16

elsien said:

If person A has an allocated parking space then people from the flats  shouldn’t be unilaterally parking in it, however old they are.

Just for us to sake of clarity are the people in the flats already using the space, have they asked to do so or is this more a “what if?” - putting feelings of guilt aside, what does person A actually want to do?

This is a 'what if' scenario regarding a future housing scheme that person A would like to move to (if planning permission is granted) and is preparing themself for this question which may very well get asked.  

Person A would like to say no if they are asked collectively by people who wish to live in the flats about sharing the car parking spaces but does not wish to fall out with the people who wish to live in the flats as person A knows those people.  

WIAWSNB

To claim a Prescriptive Easement or similar would be hard, I think.
They'd have to prove they used the bay exclusively throughout this time, and without house A's permission. Surely that would be near impossible?!
Does one particular person use A's space? 
In theory all A needs to do is to either park there once every few years in order to break the 20 year run (but check on the actual requirements for this), and/or make it clear that they are 'giving knowing permission' for the more elderly to use it, consent that can be withdrawn in a heartbeat.
So, if A wants to make certain of this, they should consider one of the above moves.
I still think the parkee would struggle. I think it would need one sole user to prove they had unbroken and exclusive use for a couple of decades!

mebu60

Is there somewhere a sign could be put up? Or two signs?
Sign 1 - This space belongs to / is officially reserved for [address]
Sign 2 - Owner happy to continue with current ad hoc arrangement until such time as property is put up for sale
Or something along those lines to give notice without disturbing the status quo. Remove sign 2 when property is put up for sale. 

SarahB16

Thank you very much for your responses so far. 

To summarise my question is: 'Person A has their own car and therefore would like to park in their own, allocated car parking space so would like to say no if asked if the car parking spaces could be pooled but doesn't wish to feel guilty for saying no, nor have any ill feelings directed towards them for saying no.'

Not sure what is the best way for person A to be able to say no?  

mebu60

SarahB16 said:

Thank you very much for your responses so far. 

To summarise my question is: 'Person A has their own car and therefore would like to park in their own, allocated car parking space so would like to say no if asked if the car parking spaces could be pooled but doesn't wish to feel guilty for saying no, nor have any ill feelings directed towards them for saying no.'

Not sure what is the best way for person A to be able to say no?  

As above but just put up sign 1. Nothing to feel guilty about. Can't control how others are going to feel. Inevitably there's likely to be some unhappiness at the change to using the space that belongs to Person A by Person A. Residents should be grateful they've had the use of the space for so long. 

Person A can't have it all ways. 

WIAWSNB

Person A puts up a sign stating whose space it is.
Jobbie jobbed. That confirms their ownership.
If they need to, they reinforce their ownership by parking there on occasion. They can discuss this with the parkee - "Hi, you do understand that I'm ok with you parking there, but it doesn't confer any right, yes?" And record it.
If the parkee is daft enough to reply, "Oh no - it's mine now!", then you absolutely revert to it being your regular parking space.
Don't make this any more complex than that. Do not get drawn into a discussion. If folk ramble, just look at them - and then park your car there.
If you start trying to counter, or compromise, or anything like that, then you leave yourself open to potential claims, even if it's just in their heads.
This is dead simple. This is A's allocated space. No argument. No discussion. No negotiation. A allows others to use it, that's all, and for just as long as they want.
The others have a snowball's chance of claiming anything. If they want to try, let them get on with it. They will fail. 
No 'discussion'.

HobgoblinBT

Has person A considered installing a moveable post to prevent non authorised cars from being parked in personA’s parking spot?

maman

Unless I've missed something, this is a 'what if' question should Person A sell his house in the future. He isn't going to fall out with his now neighbours if/when he puts his house up for sale he just reminds them that his house has an allocated parking place and new owners may want to use it for themselves. 

sheramber

'No ' is a complete sentence.

there is no nice way to say. they will counter any reason given.

if preferred then 'no, that doesn't work for me.