Parking rights - Freehold/Leasehold conflict

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Parking rights - Freehold/Leasehold conflict

    Hi everyone,

    I have a parking question which I am having trouble answering. We have three blocks of flats who use a common parking area (spaces and garages).

    In the freeholds it is quite clear, for instance in a block of 6 flats, if 4 have garages then it has rights for any 2 spaces. For another block of 6 flats, 3 have garages so it has rights to use any 3 spaces. All makes good sense, and if you add the garages and spaces together it is the same as the number of flats. (one place to park per flat)

    The problem is the Leaseholds, for each flat (including those with garages) the leaseholds state they have a right in common with all other leaseholders to use the parking spaces. Now most of the garages have been rented out and parking spaces are heavily oversubscribed and tempers are fraying, - soon to be a punchup the way things are going!!!!

    How can this be? If a building freehold has access rights to 2 spaces how can the leaseholds for that building then give access rights for all 6 flats to use the parking spaces?

    If there is a conflict between the freehold and leasehold which one has greater validity?

    Thanks for your help!

    #2
    A Freeholder can only give rights to a Leaseholder if he is capable of giving those rights. If the Freeholder has six spaces Garages and Spaces then he can only give six spaces to the Leaseholders.

    I would assume the Freeholder has not stated in the Lease if the parking is a garage or a space.

    Comment


      #3
      Hi Donkin,

      Thanks for your reply. I'll try to answer your question - Garages come with some of the flats and people pay a bit extra for those, so using my example of a block of 6 flats, if 4 flats have garages then the freehold permits use any 2 open spaces. There are 6 open spaces in total and the three freeholds make provision for 6 open spaces altogether.

      In the leasehold it shows a diagram of all 6 open spaces shaded (yellow I think) and states in all leaseholds, including flats with garages, that individually we have a right in common with all other leaseholders to park there.

      We are now in the position that we have 2 management companies between the 3 freeholds, one is quoting the leasehold in an attempt to get parking spaces for people who have rented out garages, and the other is quoting the freehold because his lot keep getting blocked in when they use their garages!

      Thanks for your help, it is really appreciated.

      Comment


        #4
        If f/r has already distributed the rights, they aren't available for grant in each lease.
        JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
        1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
        2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
        3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
        4. *- Contact info: click on my name (blue-highlight link).

        Comment


          #5
          Hi Jeffrey,

          Thanks for your answer, - Just a follow on question really. The freehold I help with has rights for 2 open spaces. However the rights are not linked to any flat numbers. Does this mean any of the 6 flats can use the 2 spaces or can we take it the 2 spaces are for the 2 flats without garages?

          Comment


            #6
            Originally posted by timl117 View Post
            Hi Jeffrey,

            Thanks for your answer, - Just a follow on question really. The freehold I help with has rights for 2 open spaces. However the rights are not linked to any flat numbers. Does this mean any of the 6 flats can use the 2 spaces or can we take it the 2 spaces are for the 2 flats without garages?
            Logically they ought to be- but this may depend on rest of Deed's text.
            JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
            1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
            2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
            3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
            4. *- Contact info: click on my name (blue-highlight link).

            Comment


              #7
              Thanks for all your help! I think I have everything I need for the arguement that is doubtlessly going to ensue!

              Comment

              Latest Activity

              Collapse

              • Freeholder/Agent Demanding Money for Repairs
                by SSLA91
                Hi all,

                Long time lurker of this forum and recent new member. Have always found the forum incredibly helpful so thank you! Have now got an issue with our freeholder that I could use some specific advice on (have tried searching for similar posts but to no avail).

                We have recently...
                20-10-2021, 20:28 PM
              • Reply to Freeholder/Agent Demanding Money for Repairs
                by eagle2
                It makes you wonder why any freeholder should comply with s20 at all. As you say, it can wait to see if any leaseholder challenges the costs. It does not even need to explain why it did not comply with s20, the only consideration appears to be whether or not the leaseholders suffered any financial prejudice,...
                23-10-2021, 06:34 AM
              • Section 20 notice
                by Starlane
                Hello I would welcome input on the following:
                Two roofs feed into a valley, the valley is in need of repair, this is a shared responsibility and therefore a shared cost. so how do we issue a section 20 notice when really we need the consent and agreement from two different buildings/landlords...
                22-10-2021, 19:09 PM
              • Reply to Section 20 notice
                by Starlane
                Hi Macromia thank you as always for your helpful and sensible input.. one building is saying one thing and another building the other, the usual chinese whispers so I took the bull by the horns and spoke to everyone and I am almost there apart from a Director who wants to do their own thing ( not being...
                22-10-2021, 20:57 PM
              • Reply to Share of freehold questions - confused
                by Starlane
                Agree thank you...
                22-10-2021, 20:52 PM
              • Share of freehold questions - confused
                by sixunforced
                Not sure if this is the right place for this query but anyway, I'm a first time buyer and have been searching for a property for like two years now (not continuously but on and off and obv covid halted my search for a while). I found a really nice 2 bedroom flat for under £320,000 in a block of around...
                18-11-2020, 21:19 PM
              • Reply to Section 20 notice
                by Macromia
                Assuming that the two freeholders have agreed that they will work together and share the costs, they jointly agree what needs to be communicated to the leaseholders and then each freeholder writes to the leaseholders in their building.
                22-10-2021, 20:16 PM
              • Reply to Freeholder threatening to cut water off
                by Macromia
                This is possibly by far the most important consideration, in my opinion.
                If the OP's lease doesn't allow 'improvements' to be charged to service charges, the freeholder cannot require them to contribute anything towards the costs, and would therefore be something that they would have had no choice...
                22-10-2021, 20:08 PM
              • Freeholder threatening to cut water off
                by Disraeli-LLH
                I was hoping you would be able to help. We own a ground floor flat LLH(970 yrs remaining). The freeholder owns the house and lets the flat upstairs on an AST.

                The freeholder currently undertaking works including replumbing. We have been on a shared water supply and we connect through their...
                20-10-2021, 15:35 PM
              • Reply to Freeholder/Agent Demanding Money for Repairs
                by Macromia
                Possibly...

                Although when my freeholder applied for dispensation a while back (arguing that the proposed work had to be carried out as a matter of urgency) they were granted dispensation with the First Tier Tribunal commenting that the 2013 Supreme Court Case of Daejan versus Benson meant...
                22-10-2021, 19:51 PM
              Working...
              X