Parking Revoked After Many Years On Private Road

[Ryksa]

We live on a private road that is owned by a company and leased to a further company. We have lived here for 15 years and have had no problem in parking outside our house. Recently we have received a letter from the road owners' solicitors stating that we are not allowed to park on the road. I contacted them and was told that this was for safety reasons, so as to allow emergency vehicles to pass. Other neighbours have lived here for 50 years and have not had problems in parking on the road.

What should we do? We do not have a drive. We cannot really build a parking space on our property as it is on a steep slope. There is no other parking close to us. Do they have the rights to change what has been accepted for the past 50 years. The safety reasons are not real, as even with a parked car there is over 3m of road width left (large lorries and fire engines etc have all passed in the past with no problems).

[cassa333]

Did you have the permission of the land owner for all the years you have parked?

This may be one of those imfamous rasnsom strips where the owner charges a fortune to have row or parking rights!!

Although I don't know for sure but you might be able to look into presrcipitve rights or something. See a land solicitor knowledgable in these things.

[buildersmate]

Unfortunately I suspect you have a problem; you will (presumably) have an easement that entitles you to pass/repass up the private road as many times a day as you wish but that does not entitle you to use the private land as if it was your own. That fact (if it is a fact) doesn't alter with the passage of time.

I agree with you that the reason stated appears somewhat spurious; perhaps this is a precursor to different real reason - a revenue-raiser in the future maybe they negotiate a payment for you to park.

The legal route you could contemplate following would be to contact the solicitor who originally dealt with your purchase since you may be able to show that he/she fouled up. It was surely a question that was discussed between you as it should have been very obvious to a legally-trained person that you could never be able to park there. That won't solve the problem but it may give you some free legal advice / negotiator on your behalf.

[DGR]

It is worth having a look at your deeds to see what easements you have in relation to the road and perhaps have a word with your local Citzen's Advice Bureau. If that does not solve the problem, my inclination would be to seek advice from my own solicitor. In the circumstances the cost of that would be well justified. If you own your house, you should also look ahead to the possibility of your wanting to sell it at some time if I were a buyer I would want to see an appropriate easement covering my use of the road.

[craft1948]

If all the residents banded together you could defray the solicitor's costs.

[ladybirder]

How could they seek to charge to park where they have just said you shouldn't be parking because of H&S reasons? This ? is for bm.

[The Builder]

BM .... I wonder if it would be worth approaching the Local Authority with a view to them adopting the road.
I guess I'm thinking of what's done under the 1980 Highways Act, with a section 38 agreement.
Highways might show some interest at the thought of several extra vehicles having to "re-locate" to other roads.

[Ryksa]

Thanks for the fast reply.
The question of permission is a difficult one. The problem is that the residents who have lived here for 50 years are under the impression they have permission to park. They have a folder of documents going back 100 years of all discussions that have taken place.

I will investigate the prescriptive rights approach.
Many Thanks again

[buildersmate]

Regarding Adoption by the Local Authority (TB question): no harm in asking but difficult. Highways require the road to be finished off to a super-duper standard before they will take it on. besides, why should the owner sell?

Regarding Prescription Act (cassa statement): not relevant; prescription relates to a right of way (easement) not an occupation of the land (by your car). A right to own the land and hence the right to do what you want in terms of parking on it comes about from demonstrating adverse possession (if possible). You aren't going to be able to demonstrate adverse possession.

Regarding ladybirders comment: I'm saying it is just a ruse.

Ryska: it is perfectly possible that individuals do have a legal right to park going back a long time. But that won't be a blanket right. You need to find your old historic deeds(if they are still around) and check out what the previous occupants of your did. In any event, such a right should have been transferred onto your land title at LR - have you looked to see if anything exists on this?

[Ryksa]

I suppose I can hope that enough neighbours can prove their rights to park that the whole thing will be dropped. No point in going after one house that can't prove rights.

Let's say that I lose this one. How long can I expect to be given to build off road parking? I actually have no where else to park. This part of the village has at least single yellow lines.

[joko]

are they new owners? or the old ones that have chamged their minds?

[Ryksa]

We believe the road has new owners. This has happened sometime in the last 10 years. We are trying to find out when. The company that leases the road have been here for 50 years. We have had a good relationship with the leasers until this. Not sure what changed this, as it is apparently them that initiated this.