Worth taking any action?

AGT1234

Long time reader first time poster, hopefully some of you can share some experience on this one. I am assuming we can't do anything and advising those involved to leave it (more effort and cost than it is worth probably) but if the deeds take precedence it might be worth the group who want it changed taking legal advice.


Short version :-


If an area in the house deeds is marked as shared communal parking but had been fenced off and used for clothes drying for 15+ years, is there any way to get the parking reinstated (assuming only 4 of the 5 interested parties agree?)

Long version :-
Houses and flats built round a shared courtyard with communal access and upkeep, originally two extra visitor parking spaces in the plans and on my deeds but these were taken over as a clothes drying area for the three flats. This has been the case for 15 or so years though only one of the original owners is still resident and nobody currently uses it for clothes drying (though that may change in the future).

One neighbor in the flats asked as the drying area is no longer being used (all single guys with cars) they would like to take the fence down and put it back to extra parking. As my deeds show it as parking I give the ok from my perspective, he asks a few others (but not one owner of a flat that is rented out) and proceeds to take down the fence. [If I had known he was going to do it without asking everyone involved I would have advised against but that was his call.]
Today rental flat owner is rebuilding a wall where the fence was to restore the drying area, he wasn't consulted and wants to put it back the way it was (fair enough as it adds value to his flat to have outside space but it was never just for his use). Looks like he is paying for the wall to be put up and if he makes a decent job of it and it looks nice I don't really have an issue though the other flat owners would like the extra parking back.

If we did want to reinstate the parking could it be enforced after a long period of usage change? Would it be worth getting a solicitor involved or would it need to be agreed by all parties in which case the flat owner isn't going to want it changed back and we just leave it as it is.

AGT1234

Edit to add located in Scotland if the law is any different up here for these types of matters.

rosie383

Just bumping in case someone can help.

davidmcn

I can't quite follow your description of what's happened to date. But two things:

1. Even a long period of changing the occupation of land isn't going to change the ownership by itself, it would need to be registered, and that would require consensus by everybody affected.

2. Merely changing the use of the land doesn't need anything changed in the deeds e.g. a communal parking area becoming a communal drying area is fine.

Hoploz

How odd that it should be the owner who is a landlord and doesn't even live there who should object!

If it is to be returned to how it was previously then what is this wall doing going up? It was a fence previously! A fence is a removable thing, a wall is permanent and will be there long after him.

I don't know the legals, sorry, but I think it's rather odd that anyone would prefer a washing line area over parking. Flats I lived in 15 years ago nobody ever used the public drying area either.

moneyistooshorttomention

From what you say, I would imagine that flat-owner that put up the wall would be very much in the wrong - as its a communal area/communally used (or not used as the case may be) and they wouldn't be entitled to make a unilateral decision (which is what putting that wall up is doing).

In your position, I doubt I'd even bother to go in for the hassle/expense of involving a solicitor. I would just agree with the others that that wall was going to come down and take it down (as carefully as possible in order not to damage his bricks if you can help it).

The thing that is striking me is that you would all have to ensure you kept hanging your washing out in that area regularly (and keep records you were doing so - eg dated photographs) or you would be at risk eventually of this character trying to claim they owned the land they had put a wall around and none of the rest of you would ever be able to use it for anything. For that landlord to go to the expense of putting up a wall makes me inclined to think that is what he is, quite deliberately, up to.

You have to challenge him one way or the other - or your flats will lose part of the land they have paid for.

Davesnave

Can we be clear that the drying area would still be accessible to all the flats?

I don't read this as an attempt to appropriate land, but it's possible others might misconstrue what you are saying here.

davidmcn

moneyistooshorttomention wrote: »

your flats will lose part of the land they have paid for.

I think you're overlooking the fact this is in Scotland. As I said above, any change in legal ownership needs registration - and that isn't going to be possible without everyone signing up.

moneyistooshorttomention

davidmcn wrote: »

I think you're overlooking the fact this is in Scotland. As I said above, any change in legal ownership needs registration - and that isn't going to be possible without everyone signing up.

Is theft of land by "adverse possession" not possible in Scotland then? Lucky them...if so...

davidmcn

moneyistooshorttomention wrote: »

Is theft of land by "adverse possession" not possible in Scotland then?

Yes, but involves registering a title at an early stage (which in practice the Land Register won't allow if they suspect anybody already has a registered title).

Hoploz

This isn't about ownership, it's about use of a communal area, isn't it?