As regards title, we have been advised that it might be difficult to show that we ousted the school to the degree required by the law of adverse possession. But seeing that we have been happily parking for more than 20 years, what hope do you see for an alternative (prescriptive) claim to an easement of parking?
For a fuller explanation see
Related item:
Q About 25 years ago, the owner of a neighbouring riding school pulled down an old barn that backed onto our goods yard, leaving a space that we have used ever since for the parking of up to three vehicles. Recently, the school changed hands and now, for the first time, objections are being raised.
As regards title, we have been advised that it might be difficult to show that we ousted the school to the degree required by the law of adverse possession. But seeing that we have been happily parking for more than 20 years, what hope do you see for an alternative (prescriptive) claim to an easement of parking?
A Not much – particularly if you make the title claim your front runner. Even if your parking fell short of adverse possession, it could still be found, depending on the facts, that you left your neighbour with no reasonable use of that part of his land. Such a burden cannot subsist as an easement. Evidentially therefore, it might be difficult to press the title claim without doing serious damage to the alternative claim.
For a fuller explanation see Parking law shifts into gear, Estates Gazette 8 December 2001, p115, where Sandi Murdoch considers, inter alia, the implications of Batchelor v Marlow [2001] PLSCS 155.
Related item:
PP 2002/215
