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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10451
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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I live in a Courtyard with 7 other properties, We are a

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I live in a Courtyard with 7 other properties, We are a limited Company, leasehold properties and jointly owning the freehold. A property which abuts on to the Courtyard, has planning approval for quite extensive internal alterations but is landlocked having front access directly onto the street and a rear access in the Courtyard to which they have vehicle access but no parking rights. Our Company is saying that they should not store materials in the Courtyard, nor have trades people parking in the Courtyard, both of which I maintain could be done with minimal inconvenience to us and without which it will be almost impossible to get the work done, I feel that, as neighbours we should try to be as helpful as possible. I can see that , legally ,we may be in our rights to raise objections but wonder if there is such a thing as the owners of the property being able to say that we are withholding assistance unreasonably and jeopardising their rights.
Submitted: 1 year ago.
Category: Law
Expert:  Aston Lawyer replied 1 year ago.

Hi,

Thanks for your enquiry and your very reasonable stance on this matter.

Unless your co-Freeholders are also as obliging as you, there is nothing legally that the neighbouring property can object or persist with if you do not agree to allow them to use the Courtyard for storage or parking. From a legal point of view, you only have to let the neighbour exercise those rights which are in existence, and just because they may require further rights to carry out their proposed works does not alter this fact.

The neighbour certainly couldn't take any legal action against you all if you did not grant consent for them to use the Courtyard for storage/parking.

I hope this assists and sets out the legal position.

Kind Regards

Al

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