Visitors Car Parking made private, but it's on our land registry

JonnyP88

Hi all,

Hoping someone can help.

I've recently purchased a property which has three 'visitor bays'. It states in my land registry that "Not to use the car parking spaces marked P1 P2 and P3 on the plan other than for visitors car parking". Since moving into the property, a management company of the freeholder has installed private visitor parking for these spaces and permits must be purchased to use the spaces (£1.30 every time). Does anyone know where I stand here? I can't see how something that is in my land registry can be made private without my consent, but I may be wrong.

Fingers crossed.

loubel

You say that the freeholder has done this. Are you a leaseholder? Are they actually included in your title plan or do you just have a right to use them for visitors to park?

Do your title documents (eg a lease or a transfer deed) mention anything else about use of the visitor spaces? What was in your solicitor's report about them?

davidmcn

It would be an odd set-up if you had exclusive ownership of the parking spaces but they were only to be used for visitors. Presumably they're actually communal spaces?

If you've recently purchased, didn't your solicitor explain to you what you owned and didn't own?

JonnyP88

Yes, I am a leaseholder of one of the flats within a block. It's the management company of the freeholder to some of the other flats (and these parking spaces) that has enforced the parking control. I don't think they are included in our title plan, just within the land registry with the statement above.

I can't see it mentioned in the solicitor's report. Should I get in touch with them?

ReadingTim

Suspect that wording will be in the leases of several other properties too, meaning that your visitors have the use of 3 bays of communal visitor parking, whereas you thought it meant you have exclusive use of 3 bays. You don't.

The permits will have been introduced to either make money, and/or ensure that there are spaces for genuine visitors, as opposed to long-term resident parking, as I assume there are more cars wanting to use the spaces than there are spaces available.

loubel

It is likely that your lease comes with a right to use the visitors spaces. But it is also likely that the lease has provision for this to be in accordance with any terms set in place by the freeholder, in which case they may be able to require a visitor permit. Without reading your whole lease we cannot be certain.

Your purchase solicitor might be willing to help you on this, but as it has come about after your purchase they are not obliged to provide you with this advice and might charge you a few for doing so depending on how long the lease review and advice will take them.

ethank

JonnyP88 wrote: »

Hi all,
"Not to use the car parking spaces marked P1 P2 and P3 on the plan other than for visitors car parking".

You have a right to use the spaces for your visitors in your transfer, it does not state that you have the right for visitors to park there for free. The freeholder can charge for visitor spaces if they want to. Don't think you'll win this one.

sal_III

ethank wrote: »

You have a right to use the spaces for your visitors in your transfer, it does not state that you have the right for visitors to park there for free. The freeholder can charge for visitor spaces if they want to. Don't think you'll win this one.

^This

The spaces are still dedicated for visitors - the owner of the spaces (which I gather isn't you) has decided to charge for their use.

Unless you have something in your lease explicitly stating that the visitors parking spaces P1,P2,P3 are to be free of charge, you have zero recourse here.