precriptive easement

precriptive easement

Postby deepster » Sun Sep 24, 2017 6:05 pm

Hi I believe I have achieved a prescriptive easement for parking on a plot of land in front of my house, I have parked there for 23 years and now someone, who is not the owner of the land is trying to stop me and causing me harassment with the things he his doing, I have not registered the easement as in the guidelines if the serviant land is unregistered there is no need to. my solicitor as confirmed this but is currently trying to claim the land under adverse possesion .
What can I do to convince this person of my legal entitement, I have told him to take legal advice, but he just wants to intimidate and threaten me. trying to block my way and painting fictitious boundary's where I park.
anybody help
david p
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Re: precriptive easement

Postby span » Sun Sep 24, 2017 6:29 pm

You already have a lawman who's familiar with your case? Instruct him to write a nasty letter to your neighbour.
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Re: precriptive easement

Postby ukmicky » Mon Sep 25, 2017 1:54 am

I have not registered the easement as in the guidelines if the serviant land is unregistered there is no need to
Legally you have no easement , only a potential claim for one . Legally the land registry cant allow you to gain an easement because they do not know who owns the land and therefore cant give them the option of challenging your claim ,which if they were to could then lead to a court case if neither party backed down. They can however register a caution against the land so if the land was sold all parties would be come aware before it it went through the first registration process.


Gaining it under adverse possession cant succeed as it is open for anyone to gain access to.

An easement would not also reserve that area of land just for your use and only the owner can prevent others from trespassing on it. You also have a slight problem that could prevent your claim from succeeding because an easement cant amount to anything near to exclusive use by the dominant tenement and if you were to try and exclude everyone else your claim would fail.

Prescriptive parking easement are extremely hard to gain compared to other easement because your car could be parked there for whole days or weeks if you went on holiday ,restricting its use to only you and would prevent anyone one else especially the owner from using the area , which is why parking easements when gained normally only succeed when the area of land in question is very large such as multi space carparks.

If this person were to park his car on this land, the only person you could sort of threaten with court is the land owner ,which also gives you a problem as you do not know who owns it.

Your best course of action is to try and get on with the other party and come to an agreement that benefits you and them.
Advice given is not legally qualified and you are advised to gain a professional opinion
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Re: precriptive easement

Postby mr sheen » Mon Sep 25, 2017 8:34 am

You neither own the land you are parking on nor have you got an easement.
You have parked on a piece of land owned by someone else for some years.
When you are not parked there someone else may have parked there....you have no idea about this.
The neighbour could park there if he so chooses because only the owner of the land can stop him.

Claim for AP is likely to fail.
Claim for prescriptive easement is likely to fail.

A review of your legal adviser is probably called for.
I would cease advising the neighbour to get legal advice.
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Re: precriptive easement

Postby arborlad » Mon Sep 25, 2017 8:42 am

deepster wrote:Hi I believe I have achieved a prescriptive easement for parking on a plot of land in front of my house, I have parked there for 23 years and now someone, who is not the owner of the land is trying to stop me and causing me harassment with the things he his doing, I have not registered the easement as in the guidelines if the serviant land is unregistered there is no need to. my solicitor as confirmed this but is currently trying to claim the land under adverse possesion .
What can I do to convince this person of my legal entitement, I have told him to take legal advice, but he just wants to intimidate and threaten me. trying to block my way and painting fictitious boundary's where I park.
anybody help
david p




Is it the same land in this thread: viewtopic.php?t=20612
arborlad

smile...it confuses people
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Re: precriptive easement

Postby deepster » Mon Sep 25, 2017 1:24 pm

It is the same land in the thread above, this gets more and more confusing most things I have read regarding easements lead to me thinking I have one, and I cant understand the comments that say I haven't, when I applied to the land registry for adverse possession 5 years ago, :Quote: The area of land claimed that is used for parking would not appear to constitute sufficient act of user to satisfy the above. ( above being what is needed for adverse possession) Acts of user by way of parking are more in keeping with the use of an easement. It is possible to acquire an easement to park a vehicle through long user, I enclose practice guide which contains more information.
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Re: precriptive easement

Postby mr sheen » Mon Sep 25, 2017 8:23 pm

You may have a claim for an easement but at the moment you have no evidence that could prove to someone else that you have an easement. Parking easements are difficult to get registered and until it is registered your assertion that you have an easement is just that ....an assertion.

You cannot claim AP and an easement on the same land since the 2 claims contradict each other.

AP indicates that you have made it clear to all and sundry that the land is in your 'possession' which is why a fence is usually needed since this shows the owner your intention to possess the land unless the owner takes action against you.

An easement indicates that you have rights over land that you accept is not owned by you.

Since you have a solicitor working for you, it would be an idea to get him to clarify your legal position with you since your posts indicate some confusion. The LR were not advising that you had any rights, they were explaining their conclusion in relation to AP.
parking easements are notoriously difficult to get and this is understandable otherwise people would be claiming a right to park on all sorts of bits of land.
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Re: precriptive easement

Postby Collaborate » Tue Sep 26, 2017 7:23 am

mr sheen wrote:You neither own the land you are parking on nor have you got an easement.
You have parked on a piece of land owned by someone else for some years.
When you are not parked there someone else may have parked there....you have no idea about this.
The neighbour could park there if he so chooses because only the owner of the land can stop him.

Claim for AP is likely to fail.
Claim for prescriptive easement is likely to fail.

A review of your legal adviser is probably called for.
I would cease advising the neighbour to get legal advice.


Same would apply with a right of way. OP doesn't need to prove exclusive possession - that would be for an adverse possession claim.

OP either has an easement or not. Whether one exists depends on the facts. The courts would only get involved to grant declaratory relief - i.e. to state what OP has, not to create the easement (or not as the case may be).
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Re: precriptive easement

Postby deepster » Tue Sep 26, 2017 9:57 am

Hi Thanks for all your comments, I think my best bet is to what I should have done 23 years ago, and fence it off and start the process all over again. I know for certain the true owner is never going to challenge me, and if he did I would purchase it off him, In that case what could this other guy do.
david p
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