Right of way - Adverse possession?

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    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.

    Comment


      #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?

      Comment


        #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.

        Comment

        Latest Activity

        Collapse

        • Reply to Legal Action Against Landlord - Local Council
          by Section20z
          It may benefit older leases by removing "marriage value" from lease extensions but this would not help you _ and freeholders are also aware of imminent changes and may be more willing to negotiate prior.
          Speak with a specialist like Homehold.org who will negotiate on your behalf,...
          05-12-2021, 07:14 AM
        • Legal Action Against Landlord - Local Council
          by Isaac1400
          Hi,

          Hoping someone can advise. I am leaseholder and the landlord is a local council. my property is a flat and there are about 55 flats spread out over 3 floors.

          Now the problem is that over the years the council has failed to maintain the exterior and communal areas - including...
          02-12-2021, 07:13 AM
        • How much can the freeholder charge for registering details of a sublet?
          by Joubert
          I am a director of a Freehold Company of a small block of 28 flats in a popular residential area.

          Over the past few years the majority of flats have been purchased by investors who sublet the flats on ASTs.

          Although the leases between the Freehold Company and the lessees are...
          04-12-2021, 17:35 PM
        • Reply to How much can the freeholder charge for registering details of a sublet?
          by eagle2
          If the lease states that you may charge a registration fee of £10, that is the amount you may charge, you are not entitled to increase the charge unless the lease specifically allows an increase. Even then you would be limited to a reasonable amount and £100 would be considered to be unreasonable....
          05-12-2021, 06:55 AM
        • Reply to Legal Action Against Landlord - Local Council
          by andydd
          I sued my freeholder for failure to maintain my driveway, judge was quite damning but I was only awarded £100 as hard to proof any loss BUT in your case it sounds you have exceptional worry over various incidents so yes you could sue and as I found out it was useful, I got costs too and its something...
          04-12-2021, 21:19 PM
        • Dilapidated Flat
          by scot22
          In a block of 24, unfortunately one flat has become dilapidated. The new owner has bought cheaply. She is now demanding the Freeholder pays to refurbish it claiming they have been negligent. Is there a reasonable case ?
          04-12-2021, 11:21 AM
        • Reply to Dilapidated Flat
          by scot22
          Thanks all. It was a great price, significantly below market value, plus in further negotiations a reduction to pay for any further work. This was identified by a surveyor. She is not clueless.....
          Artful in my research I read that can only claim for her ownership period.
          It is all i...
          04-12-2021, 19:33 PM
        • Reply to Legal Action Against Landlord - Local Council
          by Isaac1400
          Thank you for bringing this to my attention. I have heard of this. In summary do you know if this would benefit those with older leases and not on the builds which have has issues with rising ground rent etc?...
          04-12-2021, 19:09 PM
        • Reply to Dilapidated Flat
          by Macromia
          If a leaseholder can show that internal maintenance is required because of a freeholder's negligence (e.g. a failure to meet external maintenance obligations according to the terms of the lease), they will potentially have a claim against the freeholder and be entitled to expect the freeholder (the...
          04-12-2021, 16:59 PM
        • Reply to Dilapidated Flat
          by theartfullodger
          The previous owner might have had a case. The new owner I think only for claims for problems during their ownership. But ianal.

          Presumably she got a great price as it was so dilapidated
          04-12-2021, 16:51 PM
        Working...
        X