How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Joshua Your Own Question

Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
35043042
Type Your Law Question Here...
Joshua is online now

We own a flat,one of three in a large house. it is situated

Resolved Question:

we own a flat,one of three in a large house. it is situated on a larger site owned by a residents association . We have an area outside outside our entrance door,where we have parked, for a number of years. It transpires that the land we park on, is actually owned by the residents association.Probably a mistake ,when the land was sold to property developers ,by the people who lived in the large house, were our flat now is. A bright spark! has spotted this and decided we need to pay them an annual rent.Its clear they do own the land,not a lot we can do about that. But we have right of access and pay for the upkeep/resurfacing of the roads( 1/21) along with other residents. They say that if we don't want to pay for the space ,they will rent it out to other people in the area,who have no association with the site and contribute nothing to the upkeep of the roads.Can they really do that?They have also built a planter on our pedestrian right of was,which I believe they should remove. Alan Owens
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience. May I ask if you have a right to park in the space in your lease please or is there no such right and you have been parking on an informal basis please?When did you buy the flat roughly?Was it advertised with a right to park there?Do you have an interest n the residents association? You mention thre are three flats but you mention that you contribute 1/21 to the association which suggests the association relates to other buildings as well?
Customer: replied 2 years ago.

1.There is no formal right,but other flat owners have parked there for 22 years

2. six years ago

3.no

4. We have no interest in the association. There are three flats in the old property which originally owned the land and 18 properties in the association,making 21.

p.s got to go and collect my 92 year old mum,duty calls.

Expert:  Joshua replied 2 years ago.
thank you. If there is no rights contained within your lease to Park in the space, then it follows that you do not have a legal easement to park there. This being the case, the owner of the land can seek to prevent you parking there, if necessary, by applying for an injunction in the County Court, and/or is free to negotiate parking terms with you such as renting you the space. Of course of the land is owned by an association, then the members of the Association could vote for a different course of action but if you are not a member of that association, you may not be able to influence this. If the property was not advertised with the benefit of a parking space then there Would not appear to be any potential negligence on the part of your solicitor to pursue. however, I note you referred to a contribution towards upkeep of roads to the Association. This suggests, though does not confirm that you may have an interest in the residents Association. Residents associations such as this would typically provide membership to the various residents that contribute to and benefit from it and if you are not hundred percent certain on the constitution of the residents Association, you may wish to investigate this further because you may find that you are a member all at least are entitled to become a member and could influence the proposed policy of the Association in respect of parking and indeed other matters. The position is different with regards ***** ***** planter they have placed. If you have a right of access over that pedestrian route and they have either blocked the route or made it substantively more difficult to negotiate, this amounts to a derogation of the grant of rights to you in this respect under your lease and you can require that the obstacle is removed. If the obstacle is not making the right of way substantially more difficult to negotiate, it is unlikely to be a breach of your rights but in the assumption it is making it substantively more difficult to negotiate a right of way, the position is as above and you can require them to remove it I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
Joshua and other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.co.uk/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.co.uk/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.co.uk/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.co.uk/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.co.uk/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.co.uk/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.co.uk/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice