Unauthorised Parking on Private Property: Navigating Trespass and Nuisance Under UK Law

Unauthorised parking may seem like a small problem, but it can lead to serious legal issues under UK law, particularly around nuisance and trespass. It's important to understand that unauthorised parking differs from illegal parking on public roads or land. This situation can create tension between vehicle and property owners, often leading to disputes that can be costly for both sides. Addressing the issue early on is crucial to prevent the situation from escalating.

This guide will help both vehicle and property owners understand the basic rules about parking on private property.

Understanding the Difference Between Trespass and Nuisance

In the context of unauthorised parking, trespass refers to the unlawful interference of others' right to exclusive possession of property. This occurs when someone parks their vehicle on private land without permission. Property owners and tenants have the right to keep others off their land, and unauthorised parking is a violation of that right. Property owners can take legal action, such as obtaining injunctions to stop further trespassing or seek compensation for any losses incurred.

Unlike trespass, nuisance refers to any situation where a vehicle interferes with a property owner's right to enjoy their property. This can include issues like property damage, safety risks, or blockages. For example, if a parked car obstructs a driveway, it may create a nuisance that justifies legal action.

Advice for Vehicle Owners

When parking your car, pay close attention to any signs that indicate restrictions. If you're unsure whether you can park in a certain area, it's best to ask the landowner for permission to avoid legal issues related to trespass or nuisance.

If you've received a trespass notice and believe it was issued in error or wish to contest it, we recommend consulting a solicitor specialising in property litigation law. They can review the notice and advise you on the most appropriate course of action.

Advice for Landowners 

Most disputes over unauthorised parking can be resolved through open communication with the vehicle owner. As a landowner, you can express your wishes by clearly stating your rules about parking. Clear signs or physical barriers like fences or gates can also help prevent unauthorised parking.

It's important to note that some vehicle owners may have legal rights to access your land, especially if they have a right of way or access to their property. Landowners should check their property deeds to find out if such rights exist.

If a vehicle has been parking on your land continuously for 20 years or more, the owner of that vehicle may gain a prescriptive right (known as an easement). However, if this right significantly interferes with your use of the land, it might no longer be considered valid.

Get in touch

If you are currently in an unauthorised parking dispute and need help deciding what steps to take next, our dedicated Property Litigation team is here to assist you. With extensive expertise in resolving such matters, we can guide you towards an amicable resolution swiftly and effectively.

For expert help and advice, please don't hesitate to contact Sarah Bieny and the Litigation team on 023 8063 9311 or via email at enquiries@warnergoodman.co.uk.