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 Ash Your Own Question

Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
75100385
Type Your Property Law Question Here...
Ash is online now

I live in a development of flats where some flats have car

Resolved Question:

I live in a development of flats where some flats have car parking spaces but most don't. The car parks spaces are on separate leases to the flats.
The spaces are currently unmarked and have been so since the development was built in 2004 and 2008 (it was completed in 2 phases), and the residents are all happy with that, as there are no issues with parking.
The freeholder decided last month to mark out the car park spaces, at their cost, and asked for all cars to be removed for the day. On the day there were too many cars left, so the work did not take place.
They have now rescheduled it and informed us that if they cannot carry out the work due to cars left in the car park, they will recharge the costs to the service charge.
When asked why they are doing this work, as no one feels it is necessary, they said that it is because they have a legal obligation to mark the spaces as they are registered at the land registry.
So my questions are:
1. If the car park spaces, being on separate leases, are registered with the Land Registry, is there in fact a legal requirement to actually mark them on the ground? Property boundaries are often unmarked despite being registered, so why car park spaces?
2. Can the cost be recharged to the service charge, when the marking of spaces is the responsibility of the freeholder? In my view that is totally unfair because:
1. It is the freeholders responsibility and they should bear all costs, including of cancellation of works
2. Most leaseholders do not even have a car parking space so why should we be charged.
3. And for those that do have spaces and do move their cars, they cannot control whether all other do, so why should they be penalised if others do not move their vehicles?
Submitted: 5 months ago.
Category: Property Law
Expert:  Ash replied 5 months ago.

Hello my name is ***** ***** I will help you.

Does the freeholder know who left their cars there?

Customer: replied 5 months ago.
I would think so - the concierge knows all the residents and their cars, and day-to-day he monitors and ensures no one parks where they shouldn't, so he would have been able to tell them who the cars belonged to.
Expert:  Ash replied 5 months ago.

1. If the car park spaces, being on separate leases, are registered with the Land Registry, is there in fact a legal requirement to actually mark them on the ground? Property boundaries are often unmarked despite being registered, so why car park spaces?
There is no legal requirement to do this.
2. Can the cost be recharged to the service charge, when the marking of spaces is the responsibility of the freeholder? In my view that is totally unfair because:
1. It is the freeholders responsibility and they should bear all costs, including of cancellation of works

I agree
2. Most leaseholders do not even have a car parking space so why should we be charged.

Yes indeed
3. And for those that do have spaces and do move their cars, they cannot control whether all other do, so why should they be penalised if others do not move their vehicles?

I agree totally. It should be up to the freeholder to do this at his expense and indeed, if there were vehicles the freeholder should make those who left the cars there responsible for the costs

Otherwise those who dont have cars should be penalised.

But there is no legal requirement in terms of marking spaces

Can I clarify anything for you about this today please?
Alex

Ash, Solicitor
Category: Property Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
Ash and other Property Law Specialists are ready to help you
Customer: replied 5 months ago.
Thanks you - that is very clear.

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:

    2438
    Over 5 years in practice.
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Remus2004's Avatar

    Remus2004

    Barrister

    Satisfied Customers:

    2438
    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:

    445
    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:

    1869
    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:

    286
    I have been a solicitor in High Street Practise since 1985 with a wide general experience.