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

DaftyDuck

Agree with the above. The initial picture shows a white van nose, and your entrance should be there. I'd suggest fencing and paving are more recent, and you may need a new dropped curb. The rightmost small and larger fence panels are "yours" (possibly...) to remove.

You could post more photos of that area, taken from further back, as we can't really see some of the relevant detail..

Given the layout, I really wouldn't expect you to have access across the neighbouring parking space.

PasturesNew

I think you need to remove the fence and drive in. I also don't believe that even if you had access through the big gate you'd ever manage to park in that space because of the shape, the only way to park a car in that space is through the fence, not via the gate.

I think the last person just didn't have a car/preferred it as garden space and the fence was put up.

kellysm

Hi all,
So my lawyer said that in the lease plan it shows that there is a fence at my parking space. Please see: postimg.org/image/704pd376b/


However in reality this does not exist. In reality this is what exists: postimg.org/image/9akxyqw2p/


To make it more interesting my lawyer said that whatever is marked in orange in the lease plan has a right of way and used for access and egress. That means that the ground floor owner needs to give me a key to open the gate and access my car parking spot. However the concern I have is, why didn't the seller give me a key for the gate so I can get access to my car parking spot?


Any help greatly appreciated.


Thank you.

AnnieO1234

Get off the forum as seek independent legal advice if your current conveyancer are being unhelpful. Unfortunately many conveyancers are simply legal executives or even just fellows of the ILEX, i.e. they've done it for so long they can claim to be conveyancers. Some mortgage providers (RBS iirc) require a solicitor conveyancer - what does that tell you?

Have you informed your mortgage company of the issues as they may also be able to assist, if not, take legal advice FIRST and not from your current firm.

X

pinkteapot

You should have received your title plan from your solicitor. It will look something like this:

http://www.landregistry.gov.uk/__data/assets/pdf_file/0017/20492/example-title-plan.pdf

Dig it out and scan it or take a photo of it and post it on here.

If you don't have it, you can download it from the Land Registry website for £3:

http://eservices.landregistry.gov.uk/www/wps/portal/!ut/p/b1/04_Sj9CPykssy0xPLMnMz0vMAfGjzOKNjSxMDA1NjDwsjM3MDTxN3dyNDUNMjQ1MjPWDU_P0C7IdFQG9k5Tz/

Once you understand exactly what you've purchased, you can talk to the neighbour about all this (if you haven't done so already).

If this fails then you're going to need some proper, good quality legal advice.