Advice re Property Register"CAUTION"

[Guest]

The roadway in front of my house is unregistered and the owner the roadway is unknown. A previous owner of my house more than twenty years ago registered a caution against the roadway claiming a right to park a motor vehicle on a marked area of the roadway. Is there a procedure where after using the parking space for more than 20 years the right can become absolute and attach to my title

[des8]

Is that a private or unadopted road but still a publlc highway?

[wilts144]

The law on Easement is that a 'right' can only be acquired where there is both a Dominant and Servient tenement i.e 2 seperate landowners [Ellenbrough Park -1965] - This established what an easement is.

As DES8 explains, you need to find out who owns this land.

If the soil to the roadway is owned by the council then you have no right. You can not gain rights over the Public highway. End game.

Local knowledge?
Council Archives?
- Highway Records?
- Enclosure Award/Act ( maybe 200+ years old). But if a highway was awarded then it is a Highway today.
- Current Definitive Map (ask council)

If the land is owned by anyone other than the highway then you could have a right and should continue to pursue the securing of this right.

The law on Prescription ( gaining a right after a certain period of time) is that if the use has gone unchallenged for 20 years then a right could have been been gained. You must not have done this covertly. There must not have been a prolonged pause in the use/parking (I think this is 1 year?).

A Prescriptive right is limited. It is limited to the use that has occurred for 20 years. i.e If you have used it to park a car for property 1 then you can not use it to park a car for the benefit of property 2. You can not sell the right to another property. If your property changes use i.e to flats, bar etc etc then the use could arguably be lost. A prescriptive right is limited to the use at the time.

If you establish that it is owned by an individual then you must obtain evidence that the land has been used to park a car for the benefit of your property for 20 years. Previous owners?

If you can robustly demonstrate this then you can present a case to the owner of the land. The more compelling your case, the less money you will spend i.e entering court etc.

Do some research. And enjoy is along the way.

There are my thoughts. No advice given.