Misuse of parking on shared, private land

blonde_eyebrow

I live in a freehold property. Four freehold properties on the same road share a parking area under joint leasehold/share of freehold. Two of the properties had a parking space included in their purchase. The other two paid to purchase a space, including myself. One of the neighbours continually parks in the "shared" area but blocking access to my (owned) parking space and other garages too. They say that their deeds say the whole area is shared and they can park where they like. They also say that they aren't blocking the space, there is enough room to get out, but it would mean making a 90 degree turn against a brick wall, which just isn't feasible. I wondered if anyone had any advice on the best course of action? 
1. How do I prove ownership of the land? (they say they don't care what our deeds say, as theirs say different)
2. There isn't really any room to park anywhere else without blocking a garage or parking space anyway. Can the terms of the lease be updated to restrict parking to the designated spots only? 
3. They are clearly the type of people who will park there anyway and don't care who they cause a nuisance to. So, even if the terms of the lease are updated, can it be enforced?
Any help/advice appreciated! Thanks :-)

nosferatu1001

1) Court. Costs thousands
2) Yes but would require ALL properties to agree
3) Yes, you sue them for breach of lease. Injunction, etc

The_Slithy_Tove

The other person's deeds (or lease for the parking area) will state which bit of land is their parking space. Yours (or some other paperwork) will say where your parking space is. Both sets of deeds/leases will probably have covenants including easements, such as "you must allow others access to the parking spaces". Check yours. If they are blocking your access against the easements in their deeds (or lease for the "common" land), then they could be in breach, and legal action could be taken.
However, beware of getting into a legal dispute with a neighbour, as it will have to be declared when you come to sell up.

zhonguonuren

The_Slithy_Tove said:

The other person's deeds (or lease for the parking area) will state which bit of land is their parking space. Yours (or some other paperwork) will say where your parking space is. Both sets of deeds/leases will probably have covenants including easements, such as "you must allow others access to the parking spaces". Check yours. If they are blocking your access against the easements in their deeds (or lease for the "common" land), then they could be in breach, and legal action could be taken.
However, beware of getting into a legal dispute with a neighbour, as it will have to be declared when you come to sell up.

Replies to enquiries only say ‘dispute’.  There is clearly a dispute that as a buyer I would expect to be made aware of.  It needs resolving and worth contacting a solicitor about.   If your house contents insurance has legal cover, you may be able to use it for this.