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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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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: 12 months ago.
Category: Property Law
Expert:  Ash replied 12 months ago.

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

Does the freeholder know who left their cars there?

Customer: replied 12 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 12 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 and other Property Law Specialists are ready to help you
Customer: replied 12 months ago.
Thanks you - that is very clear.

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