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House is owned but not driveway, whose owner is refusing access after 30+ years

26 replies

TwitterQueen1 · 28/07/2018 14:39

Posting for relative - I've advised them to get legal advice but wondered whether anyone here has any advice and/or experience.

Relative bought the semi-detachd house around 35 years ago, but apparently no parking or any of the driveway, which is around 200m long and shared with the other semi. Relative has been using one of the two garages onsite for the same amount of time. The owner is now demanding 40K+ for a very small part of the driveway, which has been independently valued at 5K.

Relative has tried suggesting other options, including paying £15k, building a garage on their own land (part of the garden). Owner refusing to budge and has now given them 8 weeks to clear everything out of the garages and is refusing them permission to park on the driveway outside their own house.

Can they claim adverse possession after this length of time? Do they have any other options other than court?

I know how these issues can get out of hand very quickly, but the owner refuses to negotiate or to discuss the matter at all. Any advice welcome!

OP posts:
VanGoghsDog · 31/07/2018 00:21

Legal advice as he could claim an easement by length of use.

www.gov.uk/government/publications/easements-claimed-by-prescription/practice-guide-52-easements-claimed-by-prescription#how-prescriptive-easements-may-be-acquired

And, yes, of course you can sell a house with no parking.

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