Right of way - Adverse possession?

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    Right of way - Adverse possession?

    An easement right is granted in my favour for adjoining land to be kept clear at all times for both the grantor and grantee (myself) to pass repass at any time.

    However I keep a vehicle parked in a corner of this land unmoved for the last 15+ years. Does this mean I can now claim adverse possession over that part which does not interfere with the grantor's access to his neighbouring land? If not why?

    Haven't I had sole and continuous use by leaving a car on that portion of land for so long?

    #2
    First, you cannot be in adverse possession of land over which you have a right because your possession is explained by your having a right to be on the land. Unless they have changed their policy, there is no way of persuading the Land Registry to the contrary.

    Secondly, if you had no right of way over the area the car is parked on, just parking a car is not going to be enough to amount to adverse possession.

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      #3
      Many thanks for the quick answer. In the second situation what would amount to adv possession? I read that the person must control or possess the land, so it's not limited to squatters or someone residing but would include any activity that stops others from using the land? So vehicle storage would prevent others from possessing or controlling that part?

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        #4
        There are no hard and fast rules. It can come down to a question of degree and depend on the nature of the land. I would say that putting a vehicle on land and leaving it there for 15 years is a single act. You have not been in any sort of active occupation. You have never been in effective control of the land as the owner can remove the vehicle. A single act, such as putting up a "Keep Off" sign, or infrequent acts, such as having a picnic on the land once a year, intended to demonstrate possession are not enough. If anything, parking on land will, in certain circumstances, do no more than give you a right to park.

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