Parking

[lady_p_gold]

I park on a plot of land near my home, the owner lives miles away but has given myself and my two neighbours permission to park there, although there is nothing in writing. The person who lived in my house before me also parked there for years. If he withdrew this permission might we have any right to say that an easement or something had been created ????

[Buenchico]

An easement can only be granted if there has been continuous use of the land for 20 years 'nec vi, nec clam, nec precario' (and, even then, only if compensation is paid to the land owner). If your Latin's not too great, all that 'nec' stuff means 'without force, without secrecy and without permission', so it's the last bit which sinks your hopes. Sorry!

Information Source:
http://216.239.59.104/search?q=cache:4QB8gJI_UqEJ:www.la ndregistry.gov.uk/assets/library/documents/lrpg052.pdf+c reation+of+easement&hl=en&client=firefox-a

Chris

[joko]

This person has been very generous and done you a favour and possibly saved you a fortune in parking fees - why would you want to cause them grief by trying to prevent them doing whatever they want with their land??

[qapmoc]

Hi joko, I can't agree more and I feel like making a few comments but pehaps I better not.

[lady_p_gold]

Of course I would not dream of doing such a thing, in fact I have tried to contact him to pay him for the favour (as the previous owner did) but I do not know his address. The reason we were asking is because the owner himself had expressed a little concern over it to the previous owner of the house and I was hoping he would not get worried and withdraw the permission. I would willingly buy the land if I had the chance, so do not think badly of me !!!!!

[lady_p_gold]

To clarify ... if he withdrew the permission then I would just have to find somewhere else, I would never query it.

[woofgang]

If you can't contact the person, then how do you know that he has given you personally permission to park there? could you find the owner through the land registry?

[lady_p_gold]

Because I had his phone number and I phoned him when I moved in, as a courtesy to ask if I could conitnue with the arrangement and I asked for his address to send him a cheque (apparently my neighbours do not pay but the person who owned my house did because he felt better doing that although nothing was ever discussed on a formal footing) and he told me he was worried about it becoming an easement and did not seem keen on giving me his address .. then in my scatterbrained way I lost his number !!! I am sure he will surface eventually and call in or something I was just pointing out that I was not asking this question for any nefarious purposes!

[alan30]

Get land ownership details from the Land Registry; if it is registered it will not cost much to find out. Some details can be found on line if you can identify the land sufficiently otherwise you will need to send map/plan.