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Aston Lawyer
Aston Lawyer, Solicitor
Category: Property Law
Satisfied Customers: 10459
Experience:  LLB(HONS) 23 years of experience in dealing with Conveyancing and Property Law
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My daughter owns a house on a small new estate of a dozen or

Resolved Question:

My daughter owns a house on a small new estate of a dozen or so houses. Each house has one allocated parking space in a shared car park, which also has some parking spaces clearly marked with a 'V' for visitor. A couple have recently moved in next door to my daughter and have two cars. One of the visitor spaces now has had the 'V' removed and the number of the newcomers' house has been stencilled over it. It looks as though they have unilaterally taken over a parking space which they have no right to and have not bought. What can my daughter do about this? Many thanks.
Submitted: 2 years ago.
Category: Property Law
Expert:  Aston Lawyer replied 2 years ago.

Hello and thanks for using Just Answer.

I am Al and am happy to assist you with your enquiry.

I take it that there is some form of Management Company that has been set up to maintain the parking area?

Any information you can provide would assist.

I look forward to hearing from you.

Kind Regards

Al

Customer: replied 2 years ago.

No, there is no management company. My daughter contacted the company that built the homes (which are only 3 years old) and they confirmed that the visitor spaces are for visitors only. The Land Registry records also confirm that each house is entitled to one parking space each. The new neighbours have, it seems, just taken the law into their own hands and relabelled the parking space as their own.

Expert:  Aston Lawyer replied 2 years ago.

Thanks for your reply.

As ther eis no Management Company, who takes responsibility over maintaining the parking area? I appreciate the properties ar eonly 3 years old and therefore no maintenance has probably been required, but someone or somebody must still own the visitors parking spaces and the Developer should have set up an arangement as to who is to be responsible for maintaining the parking area as in years to come, this will cause a problem if nothing has been set up.

I look forward to hearing from you

Al

Customer: replied 2 years ago.

Al, so you are saying this is basically an issue of ownership of the spaces? We are not aware of who has responsibility for maintaining the parking area. We will look at the deeds and see what they say, and then get back to you.

Wendy

Expert:  Aston Lawyer replied 2 years ago.

Hi Wendy,

Thanks. What I am trying to get to is that someone must still own the visitors parking spaces and on a side issue, someone has messed up if there is no arrangment in place to say who is to be responsible for the parking area as a whole and the maintenance of the visitors parking spaces (in years to come, there may be issues with the owners if there is no arrangement in place, in that no-one is legally responsible for looking after the parking area and this will be bad for your daughter and the other residents).

I am guessing the V spaces are still owned by the Freeholder Developer and if so, you need to approach them as regards ***** *****

Please let me know if I can help further, once you have done some research.

Kind Regards

Al

Aston Lawyer and other Property Law Specialists are ready to help you
Customer: replied 2 years ago.

Yes, I'll get back in due course. Thanks for your advice so far.

Wendy