Reference no: EM133450902

Case Study: Ernesto recently purchased a large, detached house ("Valley House") on the edge of a rural village. The previous owner was a local farmer ("Sara") who still owns a large field neighbouring Valley House. Since purchasing Valley House, Ernesto has used a farm track across the neighbouring field to access Valley House and park his car in the field. Sara had always used the track as access when living at Valley House and when Ernesto was originally looking round the property, Sara had directed him up the track to reach the property. Recently Sara has started farming cattle and has put a fence around the field blocking the farm track to Valley House. Ernesto is able to reach the property using a small road around the back of the property but it is single-track and unlit, making it dangerous to drive at night. Ernesto has also recently renewed a lease on the shop he runs in the local village, from Hayley. Prior to the renewal the flat above the shop had been empty and so Hayley had verbally allowed Ernesto and his staff to park in the parking spots behind the shop but there was no mention of this in the renewal of the lease. Ernesto and his staff generally used all three of spots during the opening hours of the shop, 8am until 8pm. Hayley has recently leased out the flat above the shop and has told Ernesto he must stop parking in the spots as the new tenants have asked about using them and offered to pay for the right.

Questions: Please advise Ernesto on the following:

1. Whether he can continue to drive across the farm track in order to access Valley House.

2. Whether he is able to continue parking in the parking spots behind the shop.