Adverse Posession on abandoned car park

[Jbx]

Hi all,

Have been thinking about trying for adverse possession of a nearby car park to my house that looks to have been abandoned by the owner for around 2 years;


here’s the setup;

car park near to my house has been left empty for about 2 years, but cars from the houses around me have decided to start parking there overnight and nothing has happened to them (i.e the landowner doesn’t tend to the land and is not enforcing any parking restrictions)

I am thinking, as the owner doesn’t care about the parking situation is it as simple as treating the car park as my own for the next 10/12 years and putting in a claim for adverse possession.

to satisfy my grounds of a claim I would have to enforce parking restrictions to stop others parking there, can I put up my own signs that parking isn’t allowed/ will result in a pcn?

if I do put up signs with me as the person of contact/ who will enforce parking restrictions, is there legal recourse against me if the real owner decided in x years that they do now care about the land?

sorry it’s long, just trying to get my head around the options

[atticus]

At the very least you will need to fence and secure the land.

Is the title to the land registered at the Land Registry? If so, getting a possessory title will be even harder.

[PallasAthena]

Have you checked with the Land Registry whether the land is registered and obtained a copy of the Title Register?

If it is registered the Land Registry gives detailed guidance on the adverse possession process.

Practice guide 4: adverse possession of registered land - GOV.UK (www.gov.uk)

I am not a solicitor but it is my understanding that you would have to have enclosed/fenced the car park and locked it to prevent access/use by anyone else and without your actions being challenged by the registered owner.

I recommend you consult a solicitor for advice on what steps you should take to evidence that you have taken possession of the land. If you do go down the route you have in mind then when you seek to have the car park registered in your name in 10+ years time the quality of the evidence you present to the Land Registry to show adverse possession throughout the period will be important so you need to get that correct from the start.

[atticus]

if I do put up signs with me as the person of contact/ who will enforce parking restrictions, is there legal recourse against me if the real owner decided in x years that they do now care about the land?

To answer that question, the true owner can sue you for damages for trespass.

If I were advising him, I would also insist that you provide full and complete details of all payments you have received, seeking payment by you of all sums received, with interest, and without deduction for any expense you may have incurred.

It is important that you understand what your cunning plan may involve.