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We have a where we meet and hire out to the public much of…

We have a hall where...
We have a hall where we meet and hire out to the public much of the time.
There is an area of unregistered land at the back where both we and selected customers (usually the organiser &/or caterer) park and have done so for at least 30 years to my certain knowledge.
At a former inquiry with you it was confirmed that we will have acquired prescribed parking rights.
The unregistered area is bounded by ourselves and 3 other houses.
House no 29 changed hands on 25/5/16 and has a “right of way at all times for all purposes with or without vehicles”. They are claiming that this right disallows us from parking at the back of our building while at the same time permits them to park over a large area of the land including along our rear kitchen access and fire door.
The nub of their argument seems to be that by our parking adjacent to our back wall we are denying them right of access.
We are very careful not to obstruct their access and can easily do this as the area is 5 metres wide at its narrowest and 12 metres wide at its widest.
John
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Customer reply replied 4 months ago
2 plans attached
Answered in 3 hours by:
1/8/2018
F E Smith
F E Smith, Solicitor
Category: UK Property Law
Satisfied Customers: 10,511
Experience: 30 years General Practice. All aspects of Property Law
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Just because they have the right to go over all that area coloured orange does not necessarily mean that they have the right to go all over it everywhere, every single square inch, all the time.

If you were not to have acquired the right to park easement under the Prescription Act, then someone should have objected it before you acquired the right after 20 years use without consent or objection and not in secret.

Whether the right-of-way is said to be obstructed and whether your use of your easement interferes with their use is a matter of fact. It would only be obstructed if the obstruction was substantial. Would need to be inconvenient for them coming in and out because of whatever is parked there.

For example parking an articulated lorry would probably be a substantial obstruction. Parking your bicycle or wheelie bin would not.

A Range Rover is just under 2 m wide. A Ford focus is just over 1.8 m wide.

That gives just over 3 m to get two Range Rovers past each other and allowing for room to open the doors, the range Rover was parked in the narrowest area, that would probably be a substantial obstruction.

So it really comes down to what vehicles are parking in what location. Their right does not automatically preclude you from parking but it just means that you have to be careful not to substantially obstruct their right-of-way.

Moving now to their right-of-way at all times for all purposes with or without vehicles, that doesn’t allow them to park so unless they have acquired an easement by prescription (20 years including the use by the previous owner) to park, they cannot rely on that wording for them to park. It is a “right-of-way” not a right to park and parking is not exercising a right of way.

. Can I clarify anything else for you? I’m happy to answer any specific points arising from this.

I’m happy to answer any specific points arising from this.

Please take a moment to look at the top right hand corner of the page and rate my service by clicking one of the stars at the top of the screen. It’s important you use the rating service because that gives me credit. It doesn’t just give me a pat on the head! All you need to do is press Submit. Thank you.

If you still need any point clarifying, I will still reply because the thread does not close.

Best wishes.

FES.

F E Smith
F E Smith, Solicitor
Category: UK Property Law
Satisfied Customers: 10,511
Experience: 30 years General Practice. All aspects of Property Law
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Customer reply replied 4 months ago
Just another point please.
Although the owners of no 29 do not have a written right to park I believe that they may have acquired prescriptive right by virtue of the fact that the previous owner used to park one car on this area next to thier border. However, the new occupants are routinely parking four (or even 5) cars on the land which prevents us fully exercising our parking rights. Would their precribed rights need to be proportionate to original usage which engendered the original prescriptive right?
John
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