Court form received help requested

nosferatu1001

So are the two spots in red, outside plot 33, yours?
If so they are clearly stated as freehold
In which case the estate management can sod off. Theyre not the landowner, they have no right to enter into contracts with parking companies to "manage" that space. 

sadwithoutmynelson

Yes the 2 dark greyed out parking spots are mine ....

nosferatu1001

And you can see it states freehold, yes?

sadwithoutmynelson

Yes that's why I'm confused as in my mind it 'belongs' to me....

Redx

Seems to me that those 2 spots are freehold and come with the freehold property , which is what you believe , this should have been made clear by your solicitor

Any management company obtaining payment is for other items like maybe green spaces , roads , utility areas etc

Read the ukpc Vs Davey success case where he took out an injunction about a decade ago

As for the deeds , I received mine from the Halifax when my mortgage was paid off , hence me second guessing that you have a mortgage !! Lol

They will be stored in some storage facility somewhere , but the land registry info is all you should need

sadwithoutmynelson

Yes I pay for the cleaning of the carpark (not that I've seen it done) and plants etc. 

Thanks for the info about the deeds. Im so silly searching the whole house. 

sadwithoutmynelson

My solicitor just emailed me this 

In respect of the car parking spaces these are included in the sale of the plots but are subject to a management charge imposed by the management Company for the apartment area, which includes the car parking arrangements. # will as part of the Development Agreement transfer the land upon which the car park and apartments are to be built at some time in the future. Up to such transfer #council will have day to day control of the development of the car parking areas, including the accessway. 

The above provides an explanation about the parking spaces being included in the sale (you own them) but they are subject to the charge imposed by the management company.

My solicitor has further wrote - my professional opinion is that whilst you own the property and parking spaces, they are subject to the management charge.

So thats where I'm at......

Not sure where I stand or how to progress....

nosferatu1001

Why don't you know?
manageement charge - yes
that doesn't mean they can sell your space to someone else. They have no rights to do so. 

sadwithoutmynelson

Ok so I im in the right ? It is my parking. How do I progress from here please. 

sadwithoutmynelson

This is what the estate management company had said when I told them previously they have no right to manage my space. 

You own the area as marked in red on the plan. This land has been transferred to you with specific covenants that are listed in your transfer ((TP1).

 

The car parking space is not owned by you. It is part of the managed area which is why you contribute to the Management Company.

 

I would suggest you seek legal advice regarding the transfer if you do not believe this to be the case 

They have said this to me repeatedly when i have objected to cpm managing my spots.