Further to that, if the OP was to have window-boxes that overhang this 'road' and someone damages their vehicle on them the vehicle owner will be quite within their rights to claim the cost of repairs from the OP.
AIUI this is for a not-public-highway ownership-unknown dead-end lane. I really wouldn't recommend it for a road.
Owain
IOW, they have have as much right to scratch my plant pots with their cars as vice versa since I am not blocking their access. In any case, the present situation is that the private parking signs on my wall have kept it pretty clear since I put them up and my visitors only use it 8% of the week, and then at virtually no inconvenience to anyone. M.K.
Thanks. The other thing I forgot to mention is that it's me who regularly clears up the half of the drive adjacent to my house. M.K.
Well. sweep the M25 and you might be able to lay claim to that as well....
Eer no, I would be able to claim from them for damaging my windowboxes, since they caused the damage.
By the same logic, no one has a "right" to put their car there either. The only obvious right anyone has is to access their garage/property. As soon as they stop for more than a reasonable amount of time to get into their garage, they are an obstacle. Following from that, if previous owners of my house have parked their vehicles there for over 30 years (and not blocked access), I think the owner has gained a "right" to park there by adverse posession. M.K.
You could try. But you'd doubtless fail.
The road is NOT YOURS. You have no more rights than anyone else. You can use your car on it. You can park on it. So can anyone else. No one can leave plant pots on it.
Adverse possession is 12 years IIRC
No, because
(1) the land has not been possessed - for adverse possession to succeed you have to show that you have taken possession of the land i.e. used it yourself and excluded others from using it. You can't claim adverse possession over land just because you occasionally park on it.
(2) even if possession by parking can be shown, it might not be "adverse" as you have a right of access which /might/ include parking. For a claim of adverse possession to succeed, possession must be
*adverse* i.e. without consent of the owner.Owain
either.
garage/property.
Quite possible, if it could be proved I'm sure that you could get parking (and waiting) banned, but then that you also stop you or your visitors from parking there...
their
No they have not.
Seems reasonable to me - it's only another place where cars park after all.....
I don't want it. M.K.
nightjar was thinking very hard :
In our case, we had to be able to prove we had fenced of a section of land and had exclusive use of it for the required number of years. Exclusive, in that the public had been denied access to it without complaints arising.
In which case the residents probably have every right to put up such signs.
If they are on his property then the "busybody" could only make a fuss if they breached planning regulations.
Unless he's been given such a right by whoever does actually own that land then he has no cause to complain. It's the land owner's perogative who can and cannot park there.
That just means that you have right of access over that land. It does not imply that you own it. If people parking there were obstructing your access then you'd have cause to complain. Though if you were to obstruct the track so other people couldn't use it then they would have a reason to complain.
Most likely the right of way is actually attached to your house, unless you are claiming to be 122 :)
That simply means that it is not a "public road". In your case it is the land owner or owners who are the relevent party.
Actually they probably have less rights. Since they could at least claim be a "shareholder" in the ownership of the M25...
Which is rather unlikely in the OPs case. If he were to put a locked gate on the road/track other people using it for access would tend to complain.
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