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Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7481
Experience:  BA (Hons), PgDip, Practising Solicitor
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I sold a house 4 years ago with no parking area and kept the

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I sold a house 4 years ago with no parking area and kept the parking area which I hoped to build on it is away from the house the buyer has now put the house up for sale and said it has parking for 2 cars someone has challanged her about this and said we are going to put a gate up on the said parking area and she says if we do she will call the police. I have just downloaded the title deeds for her house and it clearly shows just the house and not the land in question I have also been advised that she has been parking there for 4 years does she have an leagal right and apart from a letter I have written saying she cant park there and enlosing a copy of the title deed do I need to do anything else to protect this land?

Hi,

 

Thanks for your question.

 

I assume the area has not been adopted by the local authority as a highway maintainable at the public expense.

 

If the area is not owned by the person parking there and there is no express right evidenced in the deeds of her land/the area itself then she can only claim a right to park there by proving a right has been established by prescription.

 

To do this she would have to prove with documentary evidence (ie. witness statements from earlier use) that the right has been used for 20 years. If she cannot do this then she does not have any right to use it.

 

If she continues to use the land then you may have to get a solicitor to write to her advising that she has not right to do so.

 

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I will answer your follow up questions you may have.


Kind regards,


Tom

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