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Stuart J
Stuart J, Solicitor
Category: UK Property Law
Satisfied Customers: 22403
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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My garage is detached from my house (new estate) and access

Customer Question

My garage is detached from my house (new estate) and access is via a "private road" owned by my neighbor. Am I allowed to park my car in front of my garage (on "his land") and if not, what can he do to stop me?
Submitted: 8 months ago.
Category: UK Property Law
Customer: replied 8 months ago.
Also - if I had the opportunity to (ie, if he sold the house and the new neighbours could be convinced to do so) - would it be worth my while buying a car sized piece of land off him? Baring in mind he has to allow me access to my garage anyway so couldn't use it for anything...
Expert:  Stuart J replied 8 months ago.
Good evening. Thank you for the question. It is my pleasure to assist you with this. Please bear with me over the weekend because I may not get back to you immediately but I am online several times each day, throughout the day. I’m sorry to tell you that unless you specifically have the right to park on that land you are not allowed to park on it or cause a kind of obstruction. If someone has parked on it for 20 years or more, it may be possible to obtain the right to park under prescription act. However, does not because you say that is a new estate. So the situation is that you can passover it but not remain on it. The usual way of wording this is to have something in your deeds to the effect of “the right at all times with vehicles and on foot to pass and re-pass over the area shaded blue” or suchlike. There is no right in that case. You ask what he can do about it. Well, he cannot park on the land without obstructing your right-of-way. What he can do however is tell you not to do it and threaten you with the court application for an injunction to prevent you parking on the land and he would also astronaut toward the costs of the application against you. If he has already raised the issue that he doesn’t want you to do this, it’s probably not worth risking. I accept what you’re saying about him not being able to use it in any event so is not losing anything but some people are just plain awkward. It is of course worthwhile buying the piece of land if you can come to a mutual agreement on price. There is no formula for this. It is as much as you want to pay and as little as he will accept. There is no onus on anyone to sell. Does that answer the question? Can I answer any specific points arising from this? Please do not forget to rate my answer service positively so that I get credit from my time today. You will get the impression the thread closes but it does not, it does remain open if you want to follow any points. Thank you. Kind regards
Expert:  Stuart J replied 8 months ago.
Can I assist you any further with this?When you get a moment, could you please rate my answer service positively so that I get credit for my time. It adds nothing to your costs but it helps me greatly.Thank you.
Customer: replied 7 months ago.
Stuart. Many thanks for your time answering and apologies for my delay in getting back to you. The neighbor in question has now recinded our use of the land for parking (they claim that the increased manoeuvring of their vehicle due to placement of our vehicle is causing undue wear and tear on the land they own... incredible)One further question; how do I go about obtaining their deeds/contract so I can see our exact usage rights of that land? I'd hate to offer to buy/rent/share costs to repair the land when it turns out we had right to park there all along.Many thanks
Expert:  Stuart J replied 7 months ago.
Thank you for the follow-up question.I dealt with this almost a month ago this you have not yet used the rating service, I have had no credit for by answer. Can I trouble you to do that for me please? It really is an important part of the process otherwise I spend my time here for nothing. Thank you.You can get the deeds of the property from the land Registry 3 pounds for the title deed and 3 pounds for the title plan. Here’s the link.https://eservices.landregistry.gov.uk/www/wps/portal/!ut/p/b1/04_SjzS0tDQwMTIxMjLXj9CPykssy0xPLMnMz0vMAfGjzOKNjSxMDA1NjDwsjM3MDTxN3dyNDUNMjQ1MjPWDU_P0c6McFQH3SLFU/if you have not got an address then you will need to do a search the index map using form SIM from the land Registry and a scaled plan to identify the land. They will then come back to you with a title number (the search is free) and then you can buy the deeds using the link above.
Customer: replied 7 months ago.
Those deeds purchased for £3 won't be their complete contract and won't fully list all covenants etc, will they?I'll use the rating system don't worry
Expert:  Stuart J replied 7 months ago.
thank you. It will show all rights and reservations registered against the title deeds will not show informal and unregistered rights for reservations. However if anything is done informally where the person simply granted you the right to park verbally and has now changed his mind, there is nothing you can do about that. That is done as a licence/tenancy at will and it could be withdrawn unreasonable notice.Unless there is some of the documentation software, the only evidence of the right to park (or not) and ownership will be in the actual title deed of the garage and your house. Sometimes, the right to use the garage area for parking will be noted in the house deeds but not necessarily noted in the title to the garage land.
Expert:  Stuart J replied 6 months ago.
Can I assist you any further with this today?When you get a moment, could I please trouble you to use the rating service?Unless you rate my answer service positively, I don’t get paid at all.Thank you.Kind regards

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