I have owned my house for about 15 years with a right of way across a neighbour's front yard. The yard at the rear of my property also accesses the shop next door and is shown on my deeds as belonging to them, but for the past 12 years, various tenants have insisted that it is mine and I have maintained it and parked my motorcycle in it. Now, new tenants are telling me that my dog cannot go in to the yard and I am wondering if I will be told I cannot park there. Do I have any rights considering the time I have had free use of the yard, ie: squatter's rights?
Province/Country relating to question : Cornwall
Nothing. I am hoping I am worrying for nothing, but want to be prepared.
If there is no right in your Deeds to use the yard, then I'm afraid you must show that you have used it for parking/a right of way for 20 years or more, continously, without interruption or dispute from the legal owner, before you have acquired what is called a "right by prescription".
A right by prescription basically means you have acquired a legal right in the land, and you can at that time, apply to the Land Registry to register this right.
You therefore need to wait another 8 years of undisputed use before you can do anything legally about the situation.
I hope this answers your question, and if so, I would be grateful if you could press the Accept button.
LLB(HONS) 15 years of experience in dealing with Conveyancing and Property Law
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