Parking rights - Freehold/Leasehold conflict

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    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

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