Help-My flat's parking goes through the other owner's garden/parking

freeisgood

This is interesting. Do you have a street view or google link so we can visualise it? I don't get how one parking space can be behind an other as how would you get your car out if theirs is in? Also, who installed the gates, was it the LL or the neighbour?

ValHaller

freeisgood wrote: »

This is interesting. Do you have a street view or google link so we can visualise it? I don't get how one parking space can be behind an other as how would you get your car out if theirs is in? Also, who installed the gates, was it the LL or the neighbour?

I suggest OP does not do this unless location information is removed

societys_child

Could try taking a look at the deeds for the ground floor flat. There may be something in there about allowing RoW. Land Registry - £3 I think?

uk_messer

As said, check your deed to see if the parking space is outlined on there. You can also check the deed of the other owner as it's likely they might own the land between you and your parking but must provide a Right of Way.

The other home owner may be trying to keep quiet about it all so check your facts first and then ask her for the key so you make a copy.

Forget whatever estate agents tell you. Nothing is binding and you can't do anything against them. If it turns out you don't have access just take it as a lesson learned. All the best.

kellysm

Hello,


So my lawyer said that he sent an email to the other lawyer and is waiting for his response. I said to him what happens if the other lawyer does not respond? And he said "We cannot advise on this" I was shocked with the response so then I sent him the below as thankfully received by the first person that replied (thank you so much!):

* What does the Title Plan show in respect to the parking area?
* What does the lease say about rights of way /access?
* What does the lease Plan show in respect to the parking area?
* Do you have to pass through downstairs parking space, and how could you do so if his car is there?
* or is there a driveway? If so, what do the plans indicate astoownership/access rights?


So when I sent him the above, then he said leave it with me and we will resolve this for you.
Interesting change of attitude I thought..
I don't think I will go with the "you didnt do your job properly" but if you could please provide me with some facts that will show him that it is his fault, it would be ideal please.


Thank you so much everyone!

Norman_Castle

The ground floor owner has the key since it belongs to her parking spot and also garden.

Has the other owner claimed the access to your parking space as their parking space to increase the size of their garden. Have you spoken to them?
Its possible the planning permission for the conversion has a requirement for parking. If a space is provided it clearly requires access.

kellysm

Hi all,

Please find the photo that explains the parking situation:
postimg.org/image/z7d3f0swn/

g_attrill

There is a dropped kerb next to the fence on the right so clearly there was vehicle access in there at some point. It looks like somebody just fenced across it at some point knowing that whoever had the right of access wouldn't care or wouldn't know.

It's quite possible that you have the right to remove that section of fencing and just drive in that way, but your solicitor should advise you on whether you need to give somebody notice to remove it themselves first. The person who did it is possibly the owner of the ground floor, so they might object to this, they might have previously assumed they control access and intended to "own" that space in the future.

DaftyDuck

There are, indeed, two dropped curbs and it would imply there should be a second entrance for your parking space, and the fence should be removed to give you access. As above, run through with solicitor first, but the outcome would be better, as you'd have direct access to your space, and not run across neighbours at all.

Whether there is space to do so inside the fence, that'd be another question...

G_M

How far does your land extend to the left of your parking area?

If the fence were removed, and you drove in via the dropped curve near your parking area, would you still be going over the neighbour's land?