New purchase and parking dispute

Seanmac

teachfast said:

This seems simple enough: you have been sold an allocated space which you are entitled to use. Getting access is now your problem. 
If the space was in dispute before and not declared by your vendor, you may have a legal right to recourse against them for that. You would need professional legal advice on that. It's probably worth exploring all the options others have suggested on the thread for actually parking there first. 

Personally, I'd cement a moveable post into the ground there (my ground) and move it when I wanted to park there, if less drastic methods didn't work. 

I just feel the seller should not get away with it without consequences. I am going to do all necessary to recover the space however, seller also is very much responsible in creating this very situation for me and they simply cannot be selling what is not in their possession. There was no indication or mention of a parking dispute and I had no reason to sense foul play. 

Norman_Castle

Start by leaving a note on the car explaining the space belongs to you.

DCFC79

Maybe the seller wasnt aware of the space as they werent told when they bought it.
Did your seller even drive ?
Id ask a family friend to park a car in the spot when said person leaves the space then you move yours into the space.

Hasbeen

OP. Have you now found your space and is there a car parked on it?

Seanmac

DCFC79 said:

Maybe the seller wasnt aware of the space as they werent told when they bought it.
Did your seller even drive ?
Id ask a family friend to park a car in the spot when said person leaves the space then you move yours into the space.

I think ignorance cannot be a defence for the seller. They just cannot sell it without knowing its available in the first place. 

MobileSaver

Seanmac said:

They just cannot sell it without knowing its available in the first place. 

How do you know the parking space was not "available in the first place"? You only completed two days ago so for all you know someone may have just temporarily parked in your spot for the last few days unless we do not have the whole story.

The first thing you need to do is find out who is parking in your space, explain you have just bought it and politely advise them not to park there in the future.

vacheron

Seanmac said:

DCFC79 said:

Maybe the seller wasnt aware of the space as they werent told when they bought it.
Did your seller even drive ?
Id ask a family friend to park a car in the spot when said person leaves the space then you move yours into the space.

I think ignorance cannot be a defence for the seller. They just cannot sell it without knowing its available in the first place. 

But it "is" available (legally) as nobody is contesting the right to use the space.

If the previous owner was OK with other people parking there while she owned it she has done nothing wrong. Nor has the other driver for using it.

My parents live next to an older single lady who doesn't drive. For the last 20 years she has allowed them to use her driveway for parking one of their cars and to store things in her garage.

If she moved out then a logical assumption is that my parents would park elsewhere, but in a communal parking area where the allocated spaces are not obvious unless you referr to the individual deeds, the other driver could simply have no idea whose flat it belongs to, or that the flat had recently changed ownership.

HampshireH

Seanmac said:

DCFC79 said:

Maybe the seller wasnt aware of the space as they werent told when they bought it.
Did your seller even drive ?
Id ask a family friend to park a car in the spot when said person leaves the space then you move yours into the space.

I think ignorance cannot be a defence for the seller. They just cannot sell it without knowing its available in the first place. 

.......Nor the buyer for not asking about it nor checking before you purchased.

So you do have a space, you know which one and you are yet to encounter a problem with parking in it?

So currently no dispute as such, but an error on the documentation

Hasbeen

It seems that the op has found the space?

But has not stated someone was actually parking in it?

Barny1979

OP sorry, but it is your issue if someone is parked in the space that you own. Stop saying the seller is responsible, they don't own the land now,it's your fault you didn't do due diligence.