Legal implications of allowing someone to park in your yard

nickkinneg

Hi there my mother is 83 and I don't live at home. Recently a neighbour visited her and asked her if he could park his car in her yard as it is off the main street. She gave him a key to the gate. In return he power washed the yard and is doing the garden for her. I was concerned about this and took the key back off him. My mother has early stage dimentia. I am wondering what would be the legal implications of this of he was allowed to park his car there.

slimjimmc

This has nothing to do with Consumer Issues so I'll nudge it over to Legal Discussion.

Ken.

Personally I'd be happy as hell if someone done that with my grandmother.
1. It would look like someone other than an o.a.p. was living there alone.
2. The person might see something wrong ( like no sign of the o.a.p. for a day or 2.
As for the legalities I can't think of any as long as the car is insured incase he hits something like the gate.
What do you think the problem might be?

MouseTail

Sounds like a win win for both parties, good neighbourliness. What's the problem?

Miaireland

The only issue I could think of is if he slipped and fell in the yard but I would guess this would be covered by house insurance.

Mr. Incognito

He wouldnt have a legal right to ownership of the land as he would have a bare licence, that is permission to use the space for parking.

An easement or a right of way would take a long long time to accrue in such circumstances

jimbobjnr

win win from were im sitting, you have someone checking on your on grandma and doing some chores for her.legaly what are you worried about, if the car is broken into? or if he falls on the property?

rsgreen28

Why is it when someone is doing something nice for someone must it be questioned just be thankful!

coylemj

rsgreen28 wrote: »

Why is it when someone is doing something nice for someone must it be questioned just be thankful!

Because what starts out as a friendly gesture can end up being abused. For all we know, the 'neighbour' could be a car dealer and before you can say 'will fly though the NCT', he has five or six cars for sale in the mother's yard.

rsgreen28

You shouldn't always look for the negative in everything!

Call me Al

Do you know this neighbour? Have you reason to question his motives?

coylemj

rsgreen28 wrote: »

You shouldn't always look for the negative in everything!

Even after the neighbour power-washed the yard and did the mother's garden, the OP took the keys back from him. Methinks there's more to this than he's telling us.

Or maybe he feels guilty because it's he that should be maintaining his 83 year old mother's yard and garden, who knows?

Grolschevik

Sounds to me like the OP was worried that having a key and being allowed to park would confer some sort of property right.

Or that the early stage dementia might be taken advantage of to effect a change in any will.

coylemj

Grolschevik wrote: »

Sounds to me like the OP was worried that having a key and being allowed to park would confer some sort of property right.

Indeed, your average layman would be wary of squatter's rights or the establishment of a right of way. The best way to keep everything in order is to let out a marked car parking space at a given rate for a set period of time by way of written agreement which may or may not set out restricted access hours. That way it's a commercial arrangement and can be terminated by either side with the proper notice.

MarkAnthony

OP might also be worried about a contractual obligation? It would seem to fall foul of the ITCLR (legal relations).

Peregrinus

Your mother may have early stage dementia, but it doesn't sound as though she is not still capable of managing her own affairs, and the arrangement you describe sound far more likely to be beneficial to your mother than to be detrimental to her. Regular contact with neighbours is of enormous social and possibly even therapeutic benefit to someone in your mother's condition.

You have posted this in the "legal discussion" forum, presumably meaning that you want a legal perspective. Legally, you had no right to take the keys from this neighbour, no right to ban him from your mother's property and no right to interfere in the arrangements your mother made. This is not your house; these are not your keys.

Socially - and this is much more important - you should encourage social contact between your mother and her neighbours.

If I were you I would speak again to the neighbour. Apologise to him for taking off the keys and explain that you are concerned about your mother because she has early stage dementia. (He presumably doesn't know this.) Explain that your worry about this made you react irrationally but having thought about it a bit more you realise that you were foolish, and you would be very glad for him to have occasion to be going in and out of the garden. And would he chat to your mother now and then, and give you a call if he sees anything to concern him? And return the key to him.