Parking and boundary disputes – everybody needs good neighbours

Sponsored feature | Rebecca Wells, chartered legal executive, Woodfines Solicitors

With the latest figures showing there are currently 40.8 million licensed vehicles in the UK, it is not surprising that parking is a hot topic.

Many people do not have their own private driveway, or their driveway is insufficient for the number of cars and they have to park on the road where there is no automatic right to do so. While many will park in front of their own properties, where there is a lack of available space, it can be a case of first come, first served, whether a resident or not.

The Highway Code suggests people do not park where it might cause an obstruction and it is common courtesy not to block access, or park across someone’s driveway. Unfortunately, when the boundaries and rights of use and access are unclear, problems can arise.

Disputes arise when a person fails to observe parking etiquette or consider a common-sense approach. Disputes can also arise regarding shared driveways due to lack of space and/or a misinterpretation of the rights and restrictions including in the title deeds. The wording and plans contained in the deeds can often be difficult to interpret.

According to HM Land Registry, a boundary is “an imaginary or invisible line dividing one person’s property from that of another. It is an exact line having no thickness or width and is rarely identified with any precision either on the ground or in conveyances or transfers and is not shown on Ordnance Survey mapping. Ultimately the exact position of a boundary, if disputed, can be determined only by the court or the Land Registration division of the Property Chamber, First-tier Tribunal”.

It is evident therefore that boundaries are not always obvious and require careful analysis and interpretation.

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A right of way (also known as an easement), gives a person, or landowner, the right to use a part of land that is owned by another.

It is common for a landowner to assume that the land they are using, whether by foot or vehicle, is within their own boundary, whereas a neighbouring landowner thinks otherwise. It is also commonly assumed that a right of way exists for a landowner to access their property whereas the title deeds are silent on the point.

Legal boundaries can only be altered in certain, limited circumstances, such as an agreement between neighbours or by adverse possession.

Adverse possession is the means of acquiring title to land by long possession. It is the use of land which is inconsistent with the title deeds and which has been used without the permission of the true owner.

The Land Registration Act 2002 provides that an application for adverse possession must be able to demonstrate that the applicant has been in factual possession of the land for a minimum of 10 years, there has been an intention to possess the land, and that it has been without the owner’s consent.

A trespasser is the legal term for someone who has entered another’s land unlawfully and without permission (consent). If the landowner has not given express or written permission, or there are no rights of access within the title deed, a person found on the land will be found to be trespassing.

Whilst trespass has historically been a civil wrong, certain forms of trespass can amount to a criminal offence - for example, where a vehicle has been left on land.

Land ownership is of great importance to people, whether personally or commercially, and we all need to know our rights, boundaries, and the regulations and laws that govern us. Defining land is not as straightforward as one might hope so what may have started as a straightforward discussion between neighbouring land owners can soon encompass a number of other legal issues.

If you require legal advice, contact Regulatory&DisputeResolution@woodfines.co.uk or call 0344 967 2505.

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