Can I legally claim the parking space as my own?
The space is right outside our house. I think that it is owned by the council. Noone else can really park there as they would block the door to the house, so only the occupants of this house have ever used it. I've heard that you can claim land if it is used over a period of time. Is this true? I have lived here for 6 years, but previous owners have also solely used the space. one of them also put slabs down on the space. i live in Wales.
Thankyou.
Answers:
In a word - No, the roads outside your home belong to the Highways Agency, and because they are funded by road taxes then any car user can park there. And putting slabs down is actually illegal and dangerous, and if he were to be reported he would get into trouble for it.
My parents have lived in their house for 27 years and have no objection to anyone parking outside their home, the road is there for everyone - can you imagine if every one started claiming their own spaces just because it was outside their house?!
ps Pavement isn't yours either - it's public highway. Besides if no onme ever parks there and you are the only user why do you need to 'claim' it as your own?
This might help, if you have the patience to unravel it! http://www.baineswilson.co.uk/pdfs/squat...
tricky waters there to tread my love. my missus is from chelmsford and she had to pay for her own parking space for a year plus visitors parking tickets. no double or single yellow lines but she had to pay the council for the right to park on her street plus a book of day tickets for visitors. private house owner paid rates taxes ect.. what i would do is if the space is vacant i would park my car there regardless, i dig what your saying but unless you have some arsewipe from the council with a hard hat on and hi-viz vest stating otherwise then fack 'em. do what you please, you live there pay rent rates taxes you have the right to secure your car at night. but the only problem is the curtain twitcher from over the road, her son might have eyed up that parking space for his car and he lives 10 streets away and went well and above board to secure it for himself. worst comes to worst get a scrapper from the scrap yard park it on the vacant lot deflate the wheels and leave it there, then get a "for sale sign" and leave out it on your lawn. i dont think you'll get any complaints from the neighbours if they agree to shut up and you take the sign down.
Short answer NO. What you are thinking of is the so called 'squatters rights' which is legally referred to as claiming ownership by virtue of 'adverse possession'. The bottom line, is that six years is not long enough, it has / had to be 12 - 10 yrs. onwards. I say had / has because the law has changed to strengthen the true owners rights a bit more, also, as you might have expected, it is a bit more than just using the land.
When I visited Europe, it was so crowded, and people would get upset if we parked in the space in front of their houses. They resort to putting flower boxes and all sorts of rubbish in the parking space to try and prevent others from using it when they are not there. But we would just move their junk and ignore them and take the space, which is what will happen if you try to claim that spot as your land. I will come visit and park my car wherever I wish.
If it is owned by the house, it belongs to the person who OWNS the house, not a tenant. You could speak to the landlord about making it "officially" part of your lease.
No, not on a public street.
If the area you want to park on is part of the payement, you are in breach of the Highways Act and could be prosecuted for parking on it. If it is part of the road, you can park on it but only if it is available and you cannot reserve it for your sole use. You could try writing to the council and asking them if you can buy that area of land off them, but unless the particular land in question does not obstruct the pavement or highway they are unlikely to agree to sell it to you.
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