Leasehold allocated parking issue

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    Leasehold allocated parking issue

    Hi All, I have been searching the forum to see if I could find a similar problem to mine, however I have not been able to do so.

    Please can anyone advise me on the following issue:

    A terraced house with two separate flats had one parking space allocated to each flat in their lease. These parking spaces were on a small separate adjoining piece of land. The freehold of the terraced house is owned by an individual and as it turned out the parking space was owned by a separate limited company. The limited company has now gone bust and the small piece of land is to be sold. I have checked the title deeds of the small piece of land at the Land registry and there is no mention of any parking rights or any other rights/easements whatsoever.

    My question is does this mean the flats have now lost their parking?

    If so, other than trying to purchase the land which will be difficult for financial reasons, is their anything the leaseholders can do?

    #2
    Unless the parking has been long enough for you to have claimed rights to park over it, either by you or earlier owners, then its likely that you have. Your solicitor should have not simply read the lease granting parking rights, and checked the freehold titles and seem the overlap and ensured that your title and rigs extended over the second piece of land.

    A quick phone call to them will start the ball rolling as loss of parking is often a bit of a blow to your amenity and flat value, especially if there is no on street parking. bear in mind it might be their mistake and therefore you might need separate lawyers to take action against them. Check your insurance policies to see if you have legal expenses cover.
    Based on the information posted, I offer my thoughts.Any action you then take is your liability. While commending individual effort, there is no substitute for a thorough review of documents and facts by paid for professional advisers.

    Comment


      #3
      Thank you very much for replying and so quickly!! I thought this may have been the situation as it seemed logical that you cannot have rights over property owned by someone else, but it is nice to have it confirmed by an expert.

      Comment


        #4
        To the OP: You can have lots of rights over property owned by someone else. But you need to have executed those rights long enough for them to become legal. But otherwise you're correct... get in touch with your conveyancer and they will have some happy days sorting this one out.

        Comment


          #5
          Thank you Mattl, I have read elsewhere in the forum and on google that you can exercise a right if you have been using land for over 20 years, which does not apply in this case, I think it may be called an overreaching claim on the property but I am not sure.

          Sorry it is an overriding interest not Overreaching!! I think.

          Is there any other way I could claim as I have used the parking space for over 5 years?

          Comment


            #6
            What you are talking about are prescriptive easements which is, to say the least, not the most straightforward area of Land Law.

            It's definitely better to get your solicitors to deal with this for you, given they created the mess

            Comment

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