Neighbourhood Parking Dispute
I've Always Parked My Car There
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Neighbourhood Dispute Overview
An old Georgian property that was once a large school, which has been sub-divided into three properties, A, B and C, and now adjoins a fast main road that is not suitable for parking on.
A and C have amended their front gardens to allow parking. With B this would be difficult due to the small width as they are the central property. They therefore have an access road running alongside of A and coming across the back of the gardens where they park and have done for as long as anyone can remember.
Developer D decides to build at the back of A, B and C a nice development of five bungalows, each with one parking space. The problem being that most of the occupants have two cars. There is therefore a need to park the cars somewhere. Many use their garages(!) and the parking space in front, some decide to park where B has always parked.
The detail is that the access road and the return across the back of A, B and C is unregistered land. How does B gain a right to park in this area? Surveyors asked to advise on this problem.
Firstly we would comment that if you are purchasing an older property have a good look at the Land Registry documents before you purchase it. Do not rely on your solicitors to do this as usually they will not have visited the property and therefore cannot see the associated problems, whereas you will have, as it will be your future home or investment.
In this case we feel it is unrealistic to try and claim ownership of the access road that is now being used by the bungalows. You do need to make claim for the right to utilise it. However, the parking area is a different matter, where B has had exclusive use of the land for parking on for many years. We have therefore recommended the installation of two posts on the boundary to this land, a chain fence that is put up and a sign advising that the land is privately owned, then will gain ownership over the land in due course when it becomes registered to B. The difficulty in future sales will be not having a right to access to that land via the road, which we are currently looking into.
We would be more than happy to help on any of this type of neighbourhood dispute matter, boundary disputes or building disputes.
Please contact us on 0800 298 5424 and a surveyor will call you back.