Right to park on freehold deeds - potential infringement

BasilFawlty

I bought my home two years ago. Its 1960s development home, freehold ownership of the house, gardens and detached garage down a track, with a successor company to the original developer being the proprietor of the 'garage access area' (track) and the nine parking spaces within it.

Within the deeds I have certain rights; free passage, drainage, light etc... One of these rights is expressly written: the right to park a car in any of the nine spaces in the garage access area as detailed and shown on the plot map. End.

The deeds go on to detail the exceptions, all the stuff the proprietor of the garage access area (including parking spaces) can and can't do. It expressly forbids them from doing anything which would infringe upon the expressed rights of freeholders, including within the section that covers those, my right to park. End.

The land management company has recently changed hands and the new proprietor has swiftly installed parking bollards and basically posted a letter to the twelve houses that back on the track and its nine spaces "pay up or no parking".

How do I best deal with this?

As far as I understand it I have a right to park which shall not be infringed. They are now preventing me from parking without payment. Seems murky.

chanz4

Send them a copy of your deed, and head the letter save the costs

BasilFawlty

chanz4 said:

Send them a copy of your deed, and head the letter save the costs

Thanks Chanz4. Out of interest, what am I looking to achieve there?

Is this the first step towards action? Do I have standing?

daveyjp

Speak to neighbours and make one approach to the new owner.

Write with a copy of your deeds and rights and a give them a timescale to remove the bollards.

ThorOdinson

Do you have legal cover on your home insurance?

BasilFawlty

daveyjp said:

Speak to neighbours and make one approach to the new owner.

Write with a copy of your deeds and rights and a give them a timescale to remove the bollards.

Thanks. If this timescale isn't met can I remove them?

BasilFawlty

ThorOdinson said:

Do you have legal cover on your home insurance?

No, it doesn't appear so

ThisIsWeird

No LegProt? Tut-tut.

Ok then, do you have a 4x4?

BasilFawlty

ThisIsWeird said:

No LegProt? Tut-tut.

Ok then, do you have a 4x4?

No, but I have three angle grinders

ThisIsWeird

BasilFawlty said:

ThisIsWeird said:

No LegProt? Tut-tut.

Ok then, do you have a 4x4?

No, but I have three angle grinders

Obvs don't do either.
Try and sort this issue in concert with your neighbs - and some of them are bound to have LegProt.
I'd strongly recommend you add this to your own policy moving forwards - it's just a good thing to have. 

BasilFawlty

ThisIsWeird said:

BasilFawlty said:

ThisIsWeird said:

No LegProt? Tut-tut.

Ok then, do you have a 4x4?

No, but I have three angle grinders

Obvs don't do either.
Try and sort this issue in concert with your neighbs - and some of them are bound to have LegProt.
I'd strongly recommend you add this to your own policy moving forwards - it's just a good thing to have. 

I'm thinking now of writing to the neighbours. I learned yesterday however that a few have paid up. Save for a few, they're not a bright bunch if they're happy to pay for something they already have the right to use.

How do I approach the management company. I have to give them a reasonable time to respond and remove the bollards, but let's face it, that ain't happening. So when they don't, what then.

Where do I stand legally if I do remove them? Contractual breach would be a civil matter but short of physically removing the bollards, how do I enforcement my civil rights. Would it be criminal damage in any case to remove them?