Allocated parking problem - advice please
Discussion
I would be tempted to go down the route of this, as soon as the space is cleared, before new neighbours move in?
http://www.screwfix.com/p/streetwize-parking-post-...
edit: IANAL, so the above is IMO. Below & Rudeboy are the ones to listen to I think. Threatening to bring up a formal complaint and bring it to the attention of his buyers/the estate agent/bring it up after sale would surely be enough for him to st himself & back peddle rapidly...
http://www.screwfix.com/p/streetwize-parking-post-...
edit: IANAL, so the above is IMO. Below & Rudeboy are the ones to listen to I think. Threatening to bring up a formal complaint and bring it to the attention of his buyers/the estate agent/bring it up after sale would surely be enough for him to st himself & back peddle rapidly...
surveyor said:
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.
Edited by Andehh on Monday 24th July 14:50
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
So do what you like, worse that can happen is that you are asked to remove them, just ask for it in writing with proof, they wont be arsed or competent to do it. So do as you please.
Im currently having dealings with various government agencies about numerous issues (numerous neighbour disputes at different properties), and invariably it takes 3-4 emails or phone calls to get correct information. Incompetence is rife. Do as you please, nobody wants to actually take action either against me or on my behalf.
If your neighbour complains, he will likely just get an email asking him to make a diary and log evidence.
Even the police can be ineffectual with regard neighbour or domestic disputes.
Edited by Foliage on Monday 24th July 15:10
You need to look at a copy of the 1987 Transfer referred to on your title. But having had a quick look at the adjoining title boundaries on the Land Registry, it would appear that every house owns a strip of the communal parking area in front of their allocated garage; that is a fairly normal way to divide up ownership rather than having a management company or similar to deal with common areas. It doesn't follow that everyone has exclusive use of the strip they own; if they did, any of them could prevent you getting to your garage. Chances are the 1987 Transfer states that each of the houses has a right of access, and possibly parking, over the areas within the car park.
ETA: the above is general advice; specific advice would be to go and see a solicitor, as suggested by surveyor and Rude-boy.
ETA: the above is general advice; specific advice would be to go and see a solicitor, as suggested by surveyor and Rude-boy.
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff