Parking Spaces Next to My Garage

loveandlight

Sorry its a bit long but I'm a bit upset at the moment. I hope I have posted this in the correct section.

I live in an apartment and there is some land immediately next to my garage that the management committee are using as formal parking spaces and there is a sign saying private parking only. The deeds don't have it down as parking spaces but as part of the private road of the development.

The problem I have is I can't always get access in and out of my garage as cars that park next to my garage often block part of my garage entrance because they are so big or long and so I have to park in a public car park instead.

Are the committee right in that the management committee can do whatever they want and change the use of the land as its private land and I will just have to put up with it or do they have to get permission from the council to use the land as permanent parking spaces?

bristol_pilot

Check with the Council and see if there is planning permission in place to use that area as parking.

loveandlight

No there isn't planning permission in place. The management committee told me this afternoon their legal person told them as its private land they don't have to apply to the council for planning permission.

bristol_pilot

I live in a street where parking is at a premium and lots of people are turning their gardens into parking and you definitely need planning permission for that as some of my neighbours have applied and been refused. It will not cost you anything to ask the Council rather than the management company. Go there in person and speak with a planning officer - you don't need to go through a lawyer.

theartfullodger

http://www.honestjohn.co.uk/forum/post/index.htm?t=72411

Might give a few hints & ideas...

I liked the "

I know a mechanic who had this happen to him years ago. He got into it and started it up without doing any damage, drove off in it and left it parked on a pelican crossing outside the police HQ! Never heard anymore about it.
"
suggestion

Good luck!

Artful..

loveandlight

Just thought I'd let you know I spoke to a property lawyer this morning and they have advised I have a very good case and I must take the matter to court if the management association don't remove the parking spaces as they have taken away my access rights to my garage. I don't have a choice really by not taking it to court if the association won't play ball with me as it means I'll have problems selling up anyway as some of my property rights have been taken away. I am worried about the cost of it all as I can't afford it but I can't afford to let my property rights be taken away either.

Thanks to you all for your input and I hope my experience and situation will be of help to some of you as well.

LadyinBlack_2

It might be worth checking your insurance to see if you're covered for legal fees. Good Luck.

silvercar

Taking a property dispute to court means that this has to be notified to potential buyers when you sell.

Although the management company may not have the right to turn it into parking spaces, do you have the right to stop people parking there? Without a plan of the garage layout, it could be that the problem is being caused by the cars that are parked on the other side blocking you out. Any chance of posting a plan?

LydiaJ

loveandlight wrote: »

Just thought I'd let you know I spoke to a property lawyer this morning and they have advised I have a very good case and I must take the matter to court if the management association don't remove the parking spaces as they have taken away my access rights to my garage. I don't have a choice really by not taking it to court if the association won't play ball with me as it means I'll have problems selling up anyway as some of my property rights have been taken away. I am worried about the cost of it all as I can't afford it but I can't afford to let my property rights be taken away either.

Thanks to you all for your input and I hope my experience and situation will be of help to some of you as well.

It may come to that, but my advice would be to go as far as you can down the "council planning officers" route before you try the court thing. If the change of use to parking spaces is unlawful, and the planners will go about enforcing the rules once you've brought it to their attention, then you won't have to pay anyone anything. I'd also suggest seeing if the parking is obstructing any other garages nearby, and see if you can get those garage owners to complain to the town planners as well.

vivatifosi

Hi loveandlight,

I'm a director of a management company for a location and so my answers to you relate to my experiences in that role. As I don't know your specific location they may or may not be appropriate to your specific situation.

First, you should be able to find out what the rights and responsibilities of the management company is. In our case, these are written into the Memorandum and Articles of Association for the company in addition to the deeds to the houses. I would have a look into these (The Mem & Arts can be downloaded from Companies House, PM me if you need help with doing this, it will cost £1). In addition, look at any AGM minutes that are circulated. If you don't have these, you may wish to request back copies from the company.

The second point I would make is that parking in most estates is an issue, so I can understand why the directors will have tried to make additional parking available. However it may be that you have access rights over the property that they are allowing parking on.

I'm disappointed that it hasn't been possible to find a more pragmatic approach to your problem. The management committee, should not, in my opinion, have rejected your comments out of hand, equally its quite heavy handed (and expensive) to go down the legal route. Is it not possible to compromise and for them to use some of the land for parking while freeing up the part you need to get into the garage?

loveandlight

posted by silvercar
Taking a property dispute to court means that this has to be notified to potential buyers when you sell.

I am aware of this and if I don't, I still have to explain to any potential buyer why the deeds show the space at the side of my garage is for turning only and nowhere on the deeds does it say it is for car parking. Any buyer will then quickly see that I'm trying to sell a garage with my apartment that is supposed to have access rights but in reality doesn't because the committee have taken them away.

posted by silvercar
Although the management company may not have the right to turn it into parking spaces, do you have the right to stop people parking there? Without a plan of the garage layout, it could be that the problem is being caused by the cars that are parked on the other side blocking you out. Any chance of posting a plan?

I'm not trying to stop other people from parking there. I just want to be able to get in and out of my garage without the entrance being blocked by all the other occupants who don't use their garage as well as visitors to the development. All the other garage owners have unrestricted access but the two end ones don't which are mine and the other is owned by an old lady who doesn't have a car.

The committee promised me for three years that they would return the land to a turning space as soon as I needed to use the garage but now they don't want to.

The other cars are parking there with the permission of the committee.

I don't know how to post a copy of the plan.