Car Blocking my right of access and others to my property!

ster19782000

Hi,

This is my first thread and hope someone can shine some light on this situation.

I bought my property in June 2006 it is a lower ground apartment in a converted grade II listed building.
In the Grounds there are 11 Apartments. Entry is through an electronic gate. There are no other access points.
I am a leaseholder and have 997 years remaining..not that I will see them all!

When I was in the process of purchasing my apartment each one came with its own parking space. However i was then informed by the vendors that My apartment and another apartment also on the lower ground floor would be sold without a parking space.
The reason given was that there wouldnt be enough room for 11 cars. Another reason given to me was that if a car parked in my space it would block the emergency services gaining access to my property. Basically if a car parks in the space it gives approximately 30cm to get to the stairs to enter my property.
I moved in my property in July 06 having being given a discount on the property now that it had no parking space. Much to my dismay a lady starting parking in the space, this resulted in the parking number being removed showing it was no longer a space but also a lockabe bollard being put in the centre of the space to prevent further use.

I decided to get a car in April 07 and asked the Freeholder if I could use the space as I could move my vehicle to allow access to friends, emergeny services etc and it would be mutually benefical. This was accepted and I paid a standing order, a key was given to me to open the bollard.

My Car was stolen in February 08 and I decided not to purchase another car so gave notice of my intention to no longer use the space, I also added that I expected that this would not be given to anyone else due to them blocking the entrance to my stairs consequently giving access to my property as I would not be able to move the vehicle.

I came home on Monday to find a car in the space and later found that the space has been leased to a non resident who works around the corner. The car has to park in an exact fashion or it will block access to the other residents spaces. ie it cannot park further back to allow more room for access.

In my deeds there is a section: Easements and privileges included in the lease.....

1.'Full right and liberty for the tenant and all persons authorised by him at all times by day or by night and for all purposes to go pass or repass over and along the main entrance of the building of which the demised premises forms part and the passages landings and staircases and access ways and access bridges leading to the demised premises.'

The CEO of the company has stated tough, the individual will continue to park there. Before I take this further.

Where do I stand leagally as the leaseholder of the property in relation to the following:

I have to shuffle around the car to gain access to my property. Not nice when you have a suit on and it is touching the muddy paintwork. Also not good when I have done some food shopping

My friend who is in a wheelchair cannot get past the 30cm gap and I am not able to carry him.

My godson and his mother who visit each week cannot get the pushchair through as this owuld mean her leaving him near stairs or in teh car park whilst she folded the pushchair down and shuffled through.

Postman and other delivery services ie. Furniture, online shopping etc

Emergency services, Ambulance or Fire Services; especially when told this was the reason the property was sold without a parkig space.

I intend to rent the apartment out on the future, how will new tennants move their property in without obstruction, this oculd also be seen as a negative.

Many thanks for reading

Debt_Free_Chick

Your main problem is that you have effectively agreed that it would be an acceptable parking space, when you requested use of it for your own car. You had the same issues then - but you were the cause of them. The solution at that time was to have the car moved, if necessary.

The section you've quoted from the lease just gives you the right to pass over the parts mentioned. It doesn't guarantee unencumbered access for what you're seeking e.g. delivery of furniture etc.

Re the emergency services - I assume that the same arrangement applies to the new car as applied to yours i.e. they will move it if necessary.

Wait for others to respond, but it rather seems that you shot yourself in the foot when you agreed to have this space used for parking. If it was acceptable for your car to park there, why not any other car?

pinkshoes

Indeed you did agree that it was a suitable parking space, but given that the person now using this space does not live in your flat, then they can't possibly comply to the rule about moving it when required i.e. for access or emergency vehicles.

I would write to them asking them for an instant contact number where they will come and move the car within 3 minutes of being called, then proceed to call them about 10 times a day when you want to get in your front door with shopping etc...

If they don't turn up within 3 minutes, I would just dump the shopping bags on the car bonnet, and ditto for the pushchair. When their car is suitably dented and scraped, I'm sure they'll get the message to come running when you call, or not park the car there. You'll have to wait for the full 3 minutes though...

moneysavinmonkey

you leased the space which gave you the keys to the bollard. You could then park your car there and prevent others from parking their car there.

You cancelled this agreement due to not having a car, but you still want to have a claim over the space - ie to stop others from parking there.

It doesn't seem reasonable to me that you want the space reserved for your own use (albeit not to park a car on) but you don't want to pay whoever owns the space for this exclusivity.

From the wording of the lease it doesn't seem like the clause is being broken by someone parking there. You would have to look into disability legislation regarding your friend but given that it is a private residence and not a public place such as a shop I don't think accessibility is a given.

Easiest most straightforward answer would be to lease the space back? Don't know if this would be expensive or not but it's the easiest and quickest way I can see of getting the result you want.

moneysavinmonkey

pinkshoes wrote: »

Indeed you did agree that it was a suitable parking space, but given that the person now using this space does not live in your flat, then they can't possibly comply to the rule about moving it when required i.e. for access or emergency vehicles.

I would write to them asking them for an instant contact number where they will come and move the car within 3 minutes of being called, then proceed to call them about 10 times a day when you want to get in your front door with shopping etc...

If they don't turn up within 3 minutes, I would just dump the shopping bags on the car bonnet, and ditto for the pushchair. When their car is suitably dented and scraped, I'm sure they'll get the message to come running when you call, or not park the car there. You'll have to wait for the full 3 minutes though...

this seems a little unfair. Essentially it is the management company who the OP has an issue with as she relinquished the space apparently with the understanding no-one else would park there. Presumably the person who has bought the space has done so in good faith and is unaware of the OP's concerns. Harassing them and battering their car with shopping puts you on the wrong side of the law.

Edited to add: The OP states that she wrote in her letter that the space was not to be used for anyone else parking there but I don't think that the management company agreed with this request. It also doesn't say anywhere in the lease about access for deliveries emergency services etc.

silvercar

It seems to me that the managing agents shouldn't have allowed you to have the space. It is fine saying you can move your car when necessary for your own access to your property, but what would happen if there was a fire in your hallweay and you were inside? The emergency services would be blocked from easy access by your car and you would be stuck inside with your car keys.

I would have said that, at the time the lease was changed to remove the parking space, the parking space should have been completely removed.

TJ27

I don't quite understand this stuff about access for emergency vehicles and people moving their car if needed. What if you leave your car parked in the space and then go on holiday, or to the theatre, or to the shops? Who moves it for the ambulance to get through? What if you're in the bath when there's a fire in the street? Do you just say, "Yeah, you can put the fire out as soon as I've put my knickers on and found my keys."

Either it has to remain permanently empty for emergency access or it may be permanently used. I can't imagine there being any middle ground on that.

Debt_Free_Chick

pinkshoes wrote: »

Indeed you did agree that it was a suitable parking space, but given that the person now using this space does not live in your flat, then they can't possibly comply to the rule about moving it when required i.e. for access or emergency vehicles.

I would write to them asking them for an instant contact number where they will come and move the car within 3 minutes of being called, then proceed to call them about 10 times a day when you want to get in your front door with shopping etc...

If they don't turn up within 3 minutes, I would just dump the shopping bags on the car bonnet, and ditto for the pushchair. When their car is suitably dented and scraped, I'm sure they'll get the message to come running when you call, or not park the car there. You'll have to wait for the full 3 minutes though...

And if you had legitimately leased a space, you would think this is acceptable would you?

pinkshoes

Debt_Free_Chick wrote: »

And if you had legitimately leased a space, you would think this is acceptable would you?

ster19782000 wrote: »

I decided to get a car in April 07 and asked the Freeholder if I could use the space as I could move my vehicle to allow access to friends, emergeny services etc and it would be mutually benefical. This was accepted and I paid a standing order, a key was given to me to open the bollard.

I read it as the space being accepted as a parking space because the OP could instantly move their car should access be required, and this was part of the agreement of the space being leased.

So it seems only fair that if they're going to lease it to someone else, that this person should have to obide by the same rules i.e. to be able to instantly move their car should access be required to the flat.

clutton_2

if there is an access for emergency vehicles then no one should ever be parking there -

Wig

Sounds to me like the planning authority would not authorise a space there for a car, and so they had to sell to you without one. First thing I would do would be to go and speak to the planning authority to determine what the agreed conditions were regarding the parking spaces. If possible let the council take him to court. If they don't then you take them to court because to me the right to pass and repass has to be reasonable, 30 cm is not reasonable (and is a fire hazard), so IMO the court would find in your favour. Ask the local fire dept to come for an inspection.

IANAL I'lll be very interested to see where this goes please remember to update the thread when it is resolved. Don't be a stumper (stumper = someone who creates a stump thread, a thread of stunted growth with no conclusion)