Obtaining Precrisptive rights

[shatterarlet]

A vehicle was dumped on Railtrack property and had been unused for several years, near by the owner of the vehicle lived at a property which had been unocuppied for quite a while, yet the owners who now live there who has a driveway for 2 vehicles are trying to claim presciptive rights. Will they be successful even though they do not continually park there now but are objecting because I do.

[factor-fiction]

Sorrry, I can't follow this.

[factor-fiction]

You say the vehicle been unused for several years. Do you mean the Railtrack property had been unused?

Is the dumped car still there? I' can't see the relevance of the dumped car

I don't understand the bit about the property being unoccupied for quite a while. Is that relevant?

When was the property unoccupied for some time? Did someone live there and then move out leaving it unoccupied or did he move in after it had been unocccupied for a while?

Is it a different owner who lives there now? Are you saying the owner has a driveway but parks on the Railtrack property sometimes?

Are you saying you want to continue parking there?

[Eve]

From what I can gather an unused vehicle, belonging to a nearby property owner although the property had been unoccupied for a while, was dumped on railtrack land for several years.

That property has now been sold and the new owners park there from time to time and are trying to claim prescriptive rights and using the fact the dumped car belonging to the former occupier of the property was there so long, I guess to make up the time span required for claiming prescriptive rights.

You park there sometimes but the new owners of the property referred to above are objecting.

Is that right?

[shatterarlet]

Thanks Jenna yes you are right I live next door and its because I am claiming prescritive rights for parking on the same land that the person next door is trying to stop me by claiming because the vehicle belonged to the previous tenant. Yet somewhere I have read that if there is a break of more than 9 months where as the property becomes empty prescriptive rights become void. Also, surely if the vehicle is dumped and not used on a regular basis it can not qualify for rights.

[bednobs]

at the end of the day, it is neither yours or your neighbours land - it belons to railtrak. the fact your neighbour has room to park two cars, and you have no parking is neither here nor there i guess, there is not a right to a parking space anywhre unless you own the land.

[factor-fiction]

Sorry shatteralet, but I still find can't follow your latest explanation. Maybe I'll just keep out of this one