Parking & Land Dispute
Discussion
motco said:
Looking at it from the ground makes it seem all the more unfair on the house owners.
Haslam Court
As the land is clearly historically parking for the houses, what chance a sort of 'squatters rights'?
Yes that's a much better angle, the road just sort of goes into the carpark.Haslam Court
As the land is clearly historically parking for the houses, what chance a sort of 'squatters rights'?
Had they just bought their houses up there and not checked i would say tough s
t, however i do feel sorry for the in-laws & their neighbours.They've been seeking legal action from solicitors as the landowner & management company just sort of began ignoring them & got a private parking form involved.
The landowner has said they can have a permit per house, which they're fine with, they'll issue it to them once the legal action has been dropped.
However they don't want to drop the legal action in case the land owner just for instance gives them a 12 month pass or withdraws all together.
From my understanding, the land the flats are built on and the carpark is all 'as one', they weren't even aware that the landowner owned the carpark land, they just thought it was for public usage, which is how it's been used ever since they've lived there (which has been 25+ years.
Up until about this time last year, there wasn't an arrangement and everyone just parked where they liked and there was never any issue.
OP, parking there doesn't mean they have ever been 'allowed' to do so. I'm surprised they are offering them any parking permits at all, or even access. They could well reserve it all for the flats and brick up the gap in the wall by the garages as well. I would also be concerned about who owns and what rights there are over the 'pavement' on the other side of that wall. Just from glancing at the street view images those would be my first concerns on viewing any of those houses as a potential buyer. The house owners have alerted the owner of the flats to an issue and a perhaps generous offer has been made (subject to the true ownership etc). All the house owners need to get proper legal advice asap. There may be options for legal expenses cover on house insurance etc. The cost of not doing so may be far worse than just some parking inconvenience. Please keep the thread updated.
Edited by pork911 on Thursday 19th January 23:19
theguvernor15 said:
Yes that's a much better angle, the road just sort of goes into the carpark.
Had they just bought their houses up there and not checked i would say tough st, however i do feel sorry for the in-laws & their neighbours.
They've been seeking legal action from solicitors as the landowner & management company just sort of began ignoring them & got a private parking form involved.
The landowner has said they can have a permit per house, which they're fine with, they'll issue it to them once the legal action has been dropped.
However they don't want to drop the legal action in case the land owner just for instance gives them a 12 month pass or withdraws all together.
From my understanding, the land the flats are built on and the carpark is all 'as one', they weren't even aware that the landowner owned the carpark land, they just thought it was for public usage, which is how it's been used ever since they've lived there (which has been 25+ years.
Up until about this time last year, there wasn't an arrangement and everyone just parked where they liked and there was never any issue.
They need to seek legal advice before agreeing to the landowners offer of a parking permit.Had they just bought their houses up there and not checked i would say tough s
t, however i do feel sorry for the in-laws & their neighbours.They've been seeking legal action from solicitors as the landowner & management company just sort of began ignoring them & got a private parking form involved.
The landowner has said they can have a permit per house, which they're fine with, they'll issue it to them once the legal action has been dropped.
However they don't want to drop the legal action in case the land owner just for instance gives them a 12 month pass or withdraws all together.
From my understanding, the land the flats are built on and the carpark is all 'as one', they weren't even aware that the landowner owned the carpark land, they just thought it was for public usage, which is how it's been used ever since they've lived there (which has been 25+ years.
Up until about this time last year, there wasn't an arrangement and everyone just parked where they liked and there was never any issue.
This is because:
1. They may already have rights to use the land via the Deed of their property or the Deeds of the land. I find it difficult to believe that no solicitor would have raised access issues when properties were purchased over the years.
2. If not they may have acquired easement rights on the land via constant use without the specific permission of the land owner.
3. To ratify that the land is indeed owned by the person claiming to own it.
PurpleMoonlight said:
They need to seek legal advice before agreeing to the landowners offer of a parking permit.
This is because:
1. They may already have rights to use the land via the Deed of their property or the Deeds of the land. I find it difficult to believe that no solicitor would have raised access issues when properties were purchased over the years.
2. If not they may have acquired easement rights on the land via constant use without the specific permission of the land owner.
3. To ratify that the land is indeed owned by the person claiming to own it.
Absolutely this. Get a lawyer involved asap.This is because:
1. They may already have rights to use the land via the Deed of their property or the Deeds of the land. I find it difficult to believe that no solicitor would have raised access issues when properties were purchased over the years.
2. If not they may have acquired easement rights on the land via constant use without the specific permission of the land owner.
3. To ratify that the land is indeed owned by the person claiming to own it.
theguvernor15 said:
motco said:
Looking at it from the ground makes it seem all the more unfair on the house owners.
Haslam Court
As the land is clearly historically parking for the houses, what chance a sort of 'squatters rights'?
Yes that's a much better angle, the road just sort of goes into the carpark.Haslam Court
As the land is clearly historically parking for the houses, what chance a sort of 'squatters rights'?
Had they just bought their houses up there and not checked i would say tough s
t, however i do feel sorry for the in-laws & their neighbours.They've been seeking legal action from solicitors as the landowner & management company just sort of began ignoring them & got a private parking form involved.
The landowner has said they can have a permit per house, which they're fine with, they'll issue it to them once the legal action has been dropped.
However they don't want to drop the legal action in case the land owner just for instance gives them a 12 month pass or withdraws all together.
From my understanding, the land the flats are built on and the carpark is all 'as one', they weren't even aware that the landowner owned the carpark land, they just thought it was for public usage, which is how it's been used ever since they've lived there (which has been 25+ years.
Up until about this time last year, there wasn't an arrangement and everyone just parked where they liked and there was never any issue.
Seems a shame that one individual has ruined it for everyone, not helped by the house owners complaining (sounds justified, but it has backfired big time!).
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