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Ash
Ash, Solicitor
Category: Law
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Experience:  Solicitor with 5+ years experience
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A property owner owns a car park space in the common areas

Resolved Question:

A property owner owns a car park space in the common areas of a condominium bought in 1995. In or around 1999 the management board of the condo converted a strip of this space into a hedge. The owner of the space now has a larger car and seeks to have the hedge removed. Does he have the right to do so or has his right to use of that strip been extinguished by implied consent for 15 years?
Submitted: 2 years ago.
Category: Law
Expert:  Nicola-mod replied 2 years ago.
Hello,
I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.
I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Customer: replied 2 years ago.

Thanks Nicola.

Attachment: carspace-before2.pdf

May I modify the question?

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

Expert:  Nicola-mod replied 2 years ago.
Hello,
We will continue to look for a Professional to assist you.
Thank you for your patience,
Nicola
Expert:  Nicola-mod replied 2 years ago.
Hello,
I apologise as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?
Thank you for your patience,
Nicola
Customer: replied 2 years ago.

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.

Expert:  Nicola-mod replied 2 years ago.
Hello,
We will continue to look for a Professional to assist you. I will move this to Law for you now.
Thank you for your patience,
Nicola
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
For now please let me know if that strip of land is registered?
Customer: replied 2 years ago.

Hi Alex,

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."

Robert


Expert:  Ash replied 2 years ago.
Sadly if the owner owns the land he can never give it away. Even if it appears to have been given owner he always remains the owner, if you accept he owns this strip then he always will.
It can only be given up if transferred over, if not then in reality it makes no difference how long it has been given up for, he will always own it,
Can I clarify anything for you about this today please?
Alex
Customer: replied 2 years ago.

Thanks.

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?

Expert:  Ash replied 2 years ago.
It depends who owns it, if it is the owner then it makes no difference.
No, it does not oblige all owners sadly,
Alex
Customer: replied 2 years ago.

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.

Expert:  Ash replied 2 years ago.
Yes but the boundary will have a thin line, so even if the hedges come out, there will still be an invisible line which forms the Boundary.
The management company are not to allow members to exceed all spaces no.
Alex
Customer: replied 2 years ago.

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?

Expert:  Ash replied 2 years ago.
He would have brought right up to the boundary line.
Even if it is a thick hedge there would be a thin central line. So he would have purchased what is on the map.
the management company does not have s right to allow him to exceed his space, there is no general right to do that.
Alex
Customer: replied 2 years ago.

I am sorry, I am still not explaining myself. A strip of what is shown in his deeds as his car-space (25)

Attachment: 2014-12-18_170613_newcarspacemap.pdf

was, at the time of original development, laid out as a flower-bed (now a hedge), edged with a kerb.

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?

Expert:  Ash replied 2 years ago.
He can only park on the flowed bed if the owner of that strip permits it.
Alex
Customer: replied 2 years ago.

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.

Expert:  Ash replied 2 years ago.
Whoever owns space 25 owns the strip.
Remember they must own it and not lease it.
Alex
Ash, Solicitor
Category: Law
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Experience: Solicitor with 5+ years experience
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