Share of Freehold Parking Dispute

geeristo

Hi,

New to the forum so apologies in advance if this is not the right thread.

I am really hoping for some advice/opinion over a parking dispute if possible.

Myself and my partner recently purchased a share of freehold maisonette and have waded into a historic parking dispute! The freehold estate has 4 buildings on it of different ages and all are split into maisonettes of flats. There are 14 residential properties. There are only 5 parking spaces. 

My lease states that the driveway forecourts form part of the common areas of the estate and that I and the other freeholders have an equal share of the freehold land. This is clear and the common areas of the estate include the driveway forecourts as per a map provided in the lease.

The geography of the estate driveway and parking spaces are such that they sit in front of only one of the four buildings (the original building).

In the past the owners of the flats/maisonettes in this original building have unilaterally allocated the 5 parking spaces to their properties with numbers and their opinion is that they are not shared parking on a first come first served basis despite what the lease says. This situation may have existed for up to 20 years and to complicate matters some properties have changed hands with this arrangement assumed by new owners. Some of these owners believe they have paid a premium for this when they acquired these properties in the past.

I would like to know if the lease is king here or whether there is any legal basis for the adopted arrangement due to 'what has been accepted and done' historically.

The owners who believe they have allocated parking do not evidence their lease, instead they evidence precedent and the arrangement that has existed for a long time. My feeling is that it would be up to the buyer to be beware if it is not stipulated as part of their lease when they purchase?

In my limited view a legal claim to ownership of a parking space via for example; an easement or adverse possession, is not relevant as we are all freeholders and the wording of the lease is what matters, but this area of law is hard to decipher to a layman like myself. The Land Registration Act 2002 also doesn't seem to highlight anything that I can confidently apply. I wonder if there would likely be any successful or even relevant recourse/legal counter from what has 'been accepted and done' up to this point, over what the leases stipulates?

Thanks

TripleH

Do their leases differ at all?

If it is one block, they may have had their lease amended to reflect thus.

Do they pay extra /premium on service charge because of the parking spaces?

If they can demonstrate continued use and that they pay extra maintenance for their parking then it helps them. If however you can argue the lease says they don't have exclusive right and everyone else has to pay to maintain the spaces then it helps your argument.

To warn you, this will be unpleasant, especially if it is only you arguing. Even if you win, your life could become miserable. Parking is a very explosive subject. I don't want to deter you but when you go into battle better be prepared otherwise risk a slaughter.

geeristo

No all leases are the same in that they all say the driveway forecourts form part of the common areas of the estate and that all freeholders have an equal share of the freehold land. We all pay the same maintenance for the common areas of the estate. The only difference in the service charges is due to the nuances of each building.

Unfortunately this dispute is going to trundle on as there are more than one vested interest on both sides but thankfully I am not leading the charge for the 'parking for all' camp. I am however a director and I don't have an 'allocated' space. We have EGM early next year to try to find a solution as a prelude to possibly getting some legal advice. I would like to go into this meeting as confident as I can be that the lease is King and precedent is irrelevant when we are all freeholders.

Reginald74

Just park there anyway.

TripleH

Check over accounts and invoices for any charges paid for any maintenance of these carpark spaces however far back you have to go.They can argue some verbal agreement for as long as the cows come home, but if this ends up in court, paper evidence such as maintenance fees paid by all for the spaces will shift the balance more to your arguement as it is independent evidence to support your side.

eddddy

geeristo said:

No all leases are the same in that they all say the driveway forecourts form part of the common areas of the estate and that all freeholders have an equal share of the freehold land.

You seem to be proposing 2 very different arguments for why you should be able to park - you probably need to untangle them and keep them very separate.

 
1) Your rights as a leaseholder under your lease. 
i.e. Whether your specific lease gives you the right to park your car in one of the parking spaces. 


2) The rights of the freeholder
i.e. Whether the 14 leases give the freeholder the right to allocate the 5 parking spaces as they wish.
In which case, it's a matter of the freehold company reaching a decision on how the spaces are allocated.
How are decisions made by the freehold company - what do the articles of association say? Is it by unanimous agreement  by the directors, or a majority vote by the directors, or something else?

geeristo

We don't have a lease...we own the maisonette on the estate land. We as owners of the maisonette are joint freeholders of the estate land. There are 13 other owners who also have an equal share of the freehold land. 

eddddy

geeristo said:

We don't have a lease...we own the maisonette on the estate land. We as owners of the maisonette are joint freeholders of the estate land. There are 13 other owners who also have an equal share of the freehold land. 

What country are you in? Is it either England or Wales?

In England/Wales, 'Share of freehold' generally means you own two things:

1. A leasehold maisonette
2. A share of the freehold of the buildings and land

You say you are "owners of the maisonette" - what type of title do you have, if it's not leasehold?




Edit to add...

In your first post you said...

geeristo said:

My lease states that...

Now you're saying...

geeristo said:

We don't have a lease...

geeristo

Sorry my bad...I thought you were referencing the actual maisonette. Yes we have a share of the freehold and we have a 950 year lease that details all our (and the other owners) rights and obligations for the communal areas. The company that manages the estate is made up of all 14 owners and myself and my partner as 1 of the 14. Decisions are made on a majority basis. On point 1 - Our specific lease doesn't say we have the right to park our car in one of the parking space per se. In fact the parking spaces are not referenced in any of the 14 leases at all. The leases all just simply say the driveway forecourts form part of the common areas of the freehold land (of which we have an equal share). The driveway forecourts are definitely communal as per a map provided in the lease. The parking area isn't even spit out like you would find in a car park. It's an area at the top of the driveway that fits 5 cars that previous owners have placed flat numbered poles in front of.

geeristo

We are in England

canaldumidi

Start parking in these spaces whenever they are empty.

Get together with other leaseholders/share of freeholders who are like minded and raise the matter at he next AGM (or EGM). Make sure you have the numbers to get a vote the way you want eg supporting a motion "to remove the painted numbers from the parking spaces and ensure they are available to all freeholders on an equal basis in accordance with the leases."