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 LondonlawyerJ Your Own Question

LondonlawyerJ
LondonlawyerJ, Solicitor
Category: Property Law
Satisfied Customers: 778
Experience:  Experienced solicitor
76316425
Type Your Property Law Question Here...
LondonlawyerJ is online now

I own the freehold of my property with a leased flat upstairs

Customer Question

I own the freehold of my property with a leased flat upstairs of 945 years .
The lease states that in common with the landlord or other the occupier of the lower flat to use for purposes of ingress and egress only the driveway . Subject to payment by the tenant one half of the maintaince costs
Do THEY have rights to park cars on the drive ? Can I park on my drive ? I am at my wits end with this . Thank You
Submitted: 1 year ago.
Category: Property Law
Expert:  LondonlawyerJ replied 1 year ago.
Customer:

Hello, I am a solicitor with over 20 years experience. I will try to help you with this.

Customer:

Do you own the freehold of the land over which the drive passes? Egress and ingress only means the act of entering and leaving. Is there anything else in the lease or your deeds about use of the drive? Also are you the landlord of the flat upstairs?

JACUSTOMER-r7hpkhks- :

Yes i own the freehold Nothing at all about the use of the drive except ingress and egress, yes i am the landlord of the flat upstairs and they are refered to as the tenant.they refuse to remove their cars saying they have the same rights as i do over the drive .What can i do .

Customer:

On the basis of a strict interpretation of the clause you refer to they do not have a right to park there only to use it for entering and exiting the premises. This is a poor piece of drafting the lease should have made it explicit that they either have or do not have the right the park there. I think on the basis of their lease you seem not to have the right to park there either although as a freeholder you almost certainly do. When was the lease drafted was it put together by solicitors you instructed?

JACUSTOMER-r7hpkhks- :

A very old lease drafted in 1970 but its the lease so they have to abide by it what can i do about the parking at this time?

Customer:

It will be difficult for you to enforce the lack of parking rights. You could go to court but the cost would be very high. There is also a risk that the lease might be construed in such a way that it gives them a right to park there (I doubt this but it can not be totally excluded as possibility). If there is physical way of making it impossible for them to park but leaving a space for you which only you can access then this might be a practical way of solving the problem. I think though that this is a situation where although they have no legal right to park the only way of enforcing it is so expensive that they will be able to park there. Even if you went to court and got an order banning them from parking in the drive it would be very hard to enforce.

Customer:

I fear that in reality there is no real way through the use of law to prevent them from parking.

JACUSTOMER-r7hpkhks- :

They are in breach of their lease a lease inherited from her mother who always parked her car in her garage .This lot are pushing it , making it very difficult to sell my house if i need to. Their must be a way of enforcing the lease terms ,if not then why do i own the freehold if any body can park where they like.

Customer:

If there is a garage attached to the flat then the risk of the lease being interpreted in their favour is greatly reduced. You could go to court, spend at least £10,000 in fees, and at then get an injunction preventing them from parking in the drive. Then what? They start parking again. when does a stop off to enter of leave become parking? After 5 minutes, 1 hour, 6 hours? If you are not in fact selling your property I can't see that you are suffering any financial loss and unless they are making it hard for you to park/enter your self then what inconvenience are you suffering? Unless you are actually losing something or suffering in some way there will be compensation in contract law. The best way to proceed may be this. Obtain valuations of the property either with or without them parking there. Then write to them stating that they have no right to park on your property. Tell them that their persisten

Customer:

breach if it continues will cause a loss of value of your property of the figure you have obtained, Explain how you arrived at the figure. Tell them that you require them to not park on the drive and that if they persist you will take legal action against them.

Customer:

This is a it a hollow threat for the reasons set out above but may have some effect.

JACUSTOMER-r7hpkhks- :

In actual fact the mother and father bought extra leased land behind the garage to extend their garage so it housed two cars . This has already caused problems when trying to sell last year after my divorce as they felt they own the place and plant trees ect as and when they want . Tried to vet my buyers etcI have an unsale able house because of them . Must have some rights ?

Customer:

Why is your house unsellable because 1 or 2 cars park on the drive? Am I missing the gravity of their conduct.

Customer:

On the wording of the lease you could argue they have no right to drive along the drive at all. If it is practical yo cod put up a gate for which yo have a key and they don't leaving pedestrian access at the side for them to effect ingress and egress. They they would be in the position of trying to enforce a right against you which they would find hard to do in law. What is the driveway like physically?

JACUSTOMER-r7hpkhks- :

The drive takes up to six cars however the way they have parked takes up four places making the two left for me very difficult to park in or get out off. No space for family or visitors .Drive in fairly good nick.

Customer:

would you be able to fit a gate and force them to try and enforce their non existent parking rights?

JACUSTOMER-r7hpkhks- :

Dont think a court would look at that one favourably as its to a garage which is for cars would put me in a bad light with the law.Any other ideas?

Customer:

YOu could take them to court seeking an order banning them from parking in th drive butit woud be very expensive and not very easy to enforce even if you were successful

JACUSTOMER-r7hpkhks- :

I will use flashpark to issue parking tickets that will stop them.

Customer:

Be careful with that. If they look into it they will see that there is a very good argument for private parking tickets being virtually unenforceable. But it may work.

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:

 
 
 
  • Remus2004

    Remus2004

    Barrister

    Satisfied Customers:

    2427
    Over 5 years in practice.
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Remus2004's Avatar

    Remus2004

    Barrister

    Satisfied Customers:

    2427
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    414
    UK solicitor holding an England and Wales practising Certificate.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    42
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law.
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    4708
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/AS/Aston Lawyer/2013-10-8_19517_JAPROFILEPICTURE.64x64.jpg Aston Lawyer's Avatar

    Aston Lawyer

    Solicitor

    Satisfied Customers:

    1823
    LLB(HONS) 20 years of experience in dealing with Conveyancing and Property Law
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg chatham-chamber's Avatar

    chatham-chamber

    Solicitor

    Satisfied Customers:

    828
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/CL/clairep80/2013-8-25_191218_dreamstimexs267279822nd.64x64.jpg Clare's Avatar

    Clare

    Solicitor

    Satisfied Customers:

    241
    I have been a solicitor in High Street Practise since 1985 with a wide general experience.