How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Thomas Your Own Question
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7407
Experience:  BA (Hons), PgDip, Practising Solicitor
Type Your UK Law Question Here...
Thomas is online now
A new question is answered every 9 seconds

Hi my son has a house where the access has always been via

This answer was rated:

Hi my son has a house where the access has always been via a public house car park (in Kidderminster UK). He has had this for more than 12 years, with the verbal agreement of the brewery. This however was never legalised.
Someone is now buying this land and turning the public house into a mini market with the car park still being used as such.
They are saying that their plans will not change is current access, but there is nothing definitive.
As he has had this access for over 12 years, does he have any rights now to ask for this to be more formal?

Hi Carol,

Are you saying that despite the change in ownership there will be no impediment to his access?

Do you know how long the access has been exercise prior to his ownership? If so, can you tell me for how long?

Does he have any other means of accessing his property other than by this way?

Kind regards


Customer: replied 4 years ago.

They have made a statement via the planning officer saying:-

"We can confirm that the adjoining neighbour's private access across the car park area will not be affected by the proposals".


He has owned the property for 12 years, unfortunately his solicitor at the time of purchase did not pick up that the access was not a formalised arrangement, when he then tried to sell the house the new purchasers solicitor picked this up.

Although my son asked the solicitor to chase the brewery to formalise the arrangement, the solicitor never completely solved this, saying that the brewery had not responded


In terms of access he has a side gate that is pedestrian only access, in a public park, which I think closes at night (not sure about that).


His car access is via the ex public house car park, and he has an enclosed parking space on his own land.


This property is on a busy main road with double yellow lines, so no road parking.


Hope that answers your queries




Thanks for your patience.

In order to acquire a right access (easement over the land by long use a person(s) must have been using the access for a continuous period of 20 years. If they have, then the legal easement shall have been acquired by prescription. This means that you can enforce it against the owner of the pub and make an application to have the right registered on both legal titles.

If the only means of access to your son’s property were via this route then he would be entitled to an “easement of necessity”, so that he could use it to access his property. However, this right would be on-foot only so he would not be able to drive over the land. If the side gate gives him access without using the car park then he would not be entitled to an easement of necessity.

Therefore in order to have a legal right (ie. a right to access even if the owner dispute) he must prove that the right has been exercised for longer than 20 years. If he cannot trace the previous owner to get them to confirm that they used it for a minimum of 8 years then this is going to be difficult.

If the new owner of the public house does not dispute the access then your son should request that he and they execute a Deed of Easement which would expressly grant the right to your son’s property. This would then be registered against the legal titles for both properties. He would have to offer to pay the owner’s legal fees I would think. It should cost around £400 + VAT and he would have to use a solicitor.

If the matter falls in to dispute and he cannot establish 20 years use and is prevented from having the access then I would contact the original solicitor who acted on his behalf in purchasing the property to make a complaint and a possible claim against them.

Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

If you are not willing to rate my answer as OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE then allow me to assist further by replying asking what clarification you require rather than rating my answer at levels below.

If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.

Kind regards,

Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7407
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 4 other UK Law Specialists are ready to help you
Customer: replied 4 years ago.

Thanks TOM ,


Very helpful. I will rate to finish.

You're very welcome.

Thanks for rating my answer Carol.

Good luck.


JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Previous | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC

Meet The Experts:

  • Ben Jones

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    Qualified Solicitor - Please start your question with 'For Ben Jones'
< Last | Next >
  • Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • INC's Avatar



    Satisfied Customers:

    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • Jenny Mackenzie's Avatar

    Jenny Mackenzie

    Satisfied Customers:

    Over 10 years experience in general legal matters
  • Matthew J's Avatar

    Matthew J


    Satisfied Customers:

    4 y PQE (Partner) - Commercial / Residential Property & Property and Civil litigation experience
  • Stuart J's Avatar

    Stuart J


    Satisfied Customers:

    PGD Law. 20 years legal profession, 6 as partner in High Street practice
  • Clare's Avatar



    Satisfied Customers:

    family solictor with 25 years experience
  • Thomas's Avatar



    Satisfied Customers:

    BA (Hons), PgDip, Practising Solicitor