In a guideline decision, the Court of Appeal has emphasised that property owners are not required to physically confront their neighbours to prevent the latter obtaining rights over their land and that a polite notice will generally suffice.

  • Shop owner claims right to use private car park
  • Appeal Court decision “of direct interest to millions of property owners

Customers and suppliers of a fish and chip shop had for many years parked their vehicles in the car park of an adjoining club. The club’s steward had occasionally complained about that use and a notice had been installed which stated that the car park was private and for the exclusive use of the club’s patrons.

The club subsequently closed and the car park was acquired by a couple whose tenants blocked it off to vehicles. The fish and chip shop owners complained that they had an established right to use the car park. That was on the basis that they had made uninterrupted use of it, without force, without secrecy and without permission for at least 20 years. Those arguments persuaded the First-tier Tribunal but failed before the Upper Tribunal.

In dismissing the owners’ challenge to the latter decision, the Court of Appeal noted that the facts of the case were commonplace and were of direct interest to millions of property owners. It found that the club was not required to resort to physical force in order to prevent the owners acquiring parking rights over its land.

The Court stressed that, unless absolutely necessary, the law of property should not require confrontation in order for property owners to retain and defend what is theirs. The club’s erection and maintenance of the sign was a peaceable and inexpensive means of making clear that the car park was private. In those circumstances, the owners had acquired no parking rights over the land.

If you are experiencing a dispute over the use of your land and require legal advice please contact our litigation partner, Justin Sadler, on 0118 958 9711 or Justin offers an initial one hour fixed fee meeting for £95 including VAT and would be happy to use this time to discuss your matter and provide advice as to your best course of action.

Are you in a dispute over property access rights?

Considering legal action regarding access to property in or around Reading? Speak to a qualified legal professional at our offices in Queens Road, Reading, and for just £95 we’ll spend one hour advising you of your next legal steps.

CategoryCivil Law, Property

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