It has emerged that the strip always existed but was planted as a flower-bed. 15 years ago hedging was planted and has now grown so that the overhang (the bonnet forward of the wheels) cannot use the area.
Was he ever allowed to protrude the bonnet into this area?
Can he now demand that the hedge be cut down?
See picture attached at http://www.wilkessail.net/carspace-before2.pdf
If you are unable to find an Irish barrister the opinion of an English one would be acceptable.
If you find one I will re-state the problem in summary of the above.
Not on the (Irish) Property Register as far as I can find. Anyway their website (prai.ie) FAQs includes:
No. The Land Registry map is an index map and identifies property, not
boundaries. Therefore, we are not in a position to advise."
As I said on 16 December we now have further info.
The strip in question appears on a map in the owner's deeds as part of his car-space. However before the property was first sold the strip was occupied by a flower-bed, bounded by a raised kerb, installed by the original developer as part of the common areas of the condominium.
Does this alter his rights?
Secondary question: In other car-spaces in the condominium the management company has not objected when owners park vehicles which extend beyond the space. Does this oblige the company to allow this to all owners?
Who owns it depends on whether he bought what was on the map or
what was already on the ground at the time of purchase.
Note the opinion of the RICSurveyors paper that: "What exists physically on the ground and the acceptance of these features by the property owners involved constitutes the actual definition of a title boundary. A line on a map or a string of coordinates can symbolise the location of a physical boundary feature to high levels of accuracy, but additional attributes are necessary before such a line can be interpreted in the context of a title boundary."
To clarify my second question I asked if it obliged the management company to allow all owners to exceed their spaces.
I am sorry to persist but did he buy what was on the map or what was on the ground at the time of purchase?
Also my question is: if the management company tacitly allows other owners to exceed their spaces must it allow him (at the other end from the strip) also to do so?
I am sorry, I am still not explaining myself. A strip of what is shown in his deeds as his car-space (25)
I attach the map in his deeds and the reality of what was there when he bought.
Question: can he park on the flower-bed area?
But who is the owner of that strip?
On the plan it is him, in reality it was and is used as part of the common areas of the condominium.