Allocated parking problem - advice please
Discussion
Hi All, apologies for the post length. I purchased a house late last year. The house is an end terrace. The houses are arranged in 3 rows of 4 forming a square and have access to 1 large car park and 1 small car park. My house is next to the large car park, which my garden runs the length of. In this car park there are 9 spaces running along the side of my fence. Opposite the spaces are 7 garages. My garage is at the end of the car spaces standalone with access from my garden and a large area infront of the garage to make it usable. On my title plan the red line of my property extends to this space infront of my garage and also the parking space immediately beside the garage. I have always taken this that all of the area in red is my property and people shouldn't really park there. I recently asked a neighbour to move their car from infront of my garage as I was expecting a visitor and he became aggresive and moved the car. Today I received a letter from this neighbour with an attached letter from the original developers dated 1990 that despite each house having land in the car parked conveyed with our houses the parking is actually communal and anyone can park anywhere at any time. He has now since left a car infront of my garage for a month. I can still open it if I park in a different space. I have checked my title register for any parking covenants to confirm this and cannot see anything, although admittedly I am not certain what I am looking for. All I can see is that parking will be provided for road safety. I have spoken to my solicitor and they have said they can check for 2 - 3 hours at 140 and hour! I was wondering if anyone had any advice or if I really must pay the fee to get this checked properly ?
Why cant people respect have any common sense with regards to other peoples property. The neighbour in question has now put his house up for sale, in the advert it states garage and parking. Any advice on what to do?
Why cant people respect have any common sense with regards to other peoples property. The neighbour in question has now put his house up for sale, in the advert it states garage and parking. Any advice on what to do?
Dr1ver2345 said:
Any advice on what to do?
Learn how to use paragraphs for a start..... 
I would think that providing the picture of the title deed with might help as this should indicate what the actual situation with the land is. I would have thought any developer comments & letters from x years ago don't mean anything to me unless specifically mentioned on the deeds.
If the annoying neighbour is selling and moving, then wouldn't a sensible thing to do to just wait it out until the new purchaser is in?
Bob
fat80b said:
If the annoying neighbour is selling and moving, then wouldn't a sensible thing to do to just wait it out until the new purchaser is in?
Trouble is if the neighbour selling gives the new buyer the impression they can park in OP's space the issues will continue. My thoughts would be to fork out the money for the solicitor to investigate. Appreciate it's a ball ache but parking is a big issue/stress for plenty of people so it might be good to get something legalish in writing.One other idea (if it's definitely your space) would be to either paint your house number on the space, or put up signs along the lines of "private parking, number X only"? Current neighbour might still ignore, but it would hopefully raise a few questions from prospective buyers who will then at least be aware that the situation is not as they might have been told.
ks, you paid for the land as marked on the plan and own the space. Zetec-S said:
Trouble is if the neighbour selling gives the new buyer the impression they can park in OP's space the issues will continue.
ish - at this point (with a new owner in place), the only thing that really matters is the deeds - not what the previous owner may have said in passing From the attached pic, it does appear as though the space infront of the garage does belong to you - are there any words in the deeds providing rights of way etc in this area that may complicate it.
also - what is the larger square at the top edge of your space - is this another garage or another garden?
Bob
A letter really is pretty irrelevant. You need to look at the deeds / title to see if there are any restrictions.
My suspicion is that there will be a right of way across each of the areas in front of the garages so that each occupier can reach their own garage. That right of way may carry over within your area - or someone may have consciously thought about it and realised that it is not needed across your own land.
If all of the checks on title workout - I would drop a line to the neighbour with the title plan - giving him 48 hours notice that if it is not shifted you will take legal action. That you will look to recover the costs plus an amount for storage, and that at that stage this will be a formal dispute, that you will advise his selling agents and that he would be required to disclose the dispute to any future purchasers.
My suspicion is that there will be a right of way across each of the areas in front of the garages so that each occupier can reach their own garage. That right of way may carry over within your area - or someone may have consciously thought about it and realised that it is not needed across your own land.
If all of the checks on title workout - I would drop a line to the neighbour with the title plan - giving him 48 hours notice that if it is not shifted you will take legal action. That you will look to recover the costs plus an amount for storage, and that at that stage this will be a formal dispute, that you will advise his selling agents and that he would be required to disclose the dispute to any future purchasers.
fat80b said:
Zetec-S said:
Trouble is if the neighbour selling gives the new buyer the impression they can park in OP's space the issues will continue.
ish - at this point (with a new owner in place), the only thing that really matters is the deeds - not what the previous owner may have said in passing From the attached pic, it does appear as though the space infront of the garage does belong to you - are there any words in the deeds providing rights of way etc in this area that may complicate it.
also - what is the larger square at the top edge of your space - is this another garage or another garden?
Bob
I cannot see anything in the deeds that state a right of way or anything else with regards to the land.
The large square at the top edge is another garage, however owned by a neighbour round the corner and no access from within the shared car park.
fat80b said:
Foliage said:
You are also quite within your rights to block the space with drop bollards.
woah there - you need to see if there are any rights of way etc first....Bob
You'll need to look at a copy of the register of title for the property as this will revel far more about the rights that the Property has and those which it is subject to.
One point i note immediately is that part of the land delineated edged red on that title plan is also shaded red/pink - there will be reference in the register of title to that and what it means. Given the nature of the site as well there will almost 100% certainly be a transfer from the original developer to the first buyer of the OP's house that will flesh out what rights they have over the parking area (such as right of way over the rest of the car park to get to their garage) and what they are subject to.
In short a lot more information needed to give any opinion.
The way i see this is you're both right, assuming your garage is the standalone one.
He's a little misinformed and free to use any of the spaces opposite the row except the one next to your garage as on plans there is an overlap between the space you own and the garage opposite.The standalone garage and the area directly infront of it are yours as the are infront is required for access.
He's a little misinformed and free to use any of the spaces opposite the row except the one next to your garage as on plans there is an overlap between the space you own and the garage opposite.The standalone garage and the area directly infront of it are yours as the are infront is required for access.
OP, check your home contents insurance to see whether it includes legal expense cover. if it does, see whether it covers a dispute about ownership of land.
You need legal advice on this. Rudeboy could undoubtedly answer your question, given the relevant documents, but you would do better to take advice from someone whose indemnity insurance you could claim off if they do happen to get it wrong. If you have insurance and don't have to pay that yourself, so much the better.
If not, it's up to you.
You need legal advice on this. Rudeboy could undoubtedly answer your question, given the relevant documents, but you would do better to take advice from someone whose indemnity insurance you could claim off if they do happen to get it wrong. If you have insurance and don't have to pay that yourself, so much the better.
If not, it's up to you.
Lurking Lawyer said:
OP, check your home contents insurance to see whether it includes legal expense cover. if it does, see whether it covers a dispute about ownership of land.
You need legal advice on this. Rudeboy could undoubtedly answer your question, given the relevant documents, but you would do better to take advice from someone whose indemnity insurance you could claim off if they do happen to get it wrong. If you have insurance and don't have to pay that yourself, so much the better.
If not, it's up to you.
He's right you know.You need legal advice on this. Rudeboy could undoubtedly answer your question, given the relevant documents, but you would do better to take advice from someone whose indemnity insurance you could claim off if they do happen to get it wrong. If you have insurance and don't have to pay that yourself, so much the better.
If not, it's up to you.
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