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Ask JGM Your Own Question

JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10102
Experience:  30 years as a practising solicitor.
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I live in a fairly new development of both flats and townhouses.

Customer Question

I live in a fairly new development of both flats and townhouses. We own a townhouse and were told by Barratt that all the townhouses are permitted to park in a set area of the car park, 1 car per home as well as there being a number of additional spaces designated as being for visitors. The flats have designated underground parking. Over the last few months more and more of the flat residents have started taking up the townhouse spaces to the point that we can no longer park. I've tried to contact our management company several times asking them to issue a polite reminder but they never do. Is there anything I can do about this? I haven't yet checked the title deeds for 100% confirmation but even if it is in the tile deeds can anything be done to enforce this?
Submitted: 8 months ago.
Category: Scots Law
Expert:  JGM replied 8 months ago.
This would commonly be dealt with by way of the Deed of Conditions for the development if the car park is in the common ownership of the townhouse owners and assuming there have been no specific spaces allocated to specific properties. If that is the case and the spaces have not been made available to flat owners then the townhouse owners could apply to the court for interdict preventing parking there. If you like I can have a look at the title for you if you have a copy of yours which includes the title conditions. However that is the general position: if the flat owners have no rights then you can ask a court to grant a preventative order and the court would really have no other course than to do so.
Customer: replied 8 months ago.
Thanks for the reply. I don't have a copy of the title deeds - that's my next step to track them down. I'm presuming to enforce anything I would have to get agreement from all townhouse owners? Shouldn't the management company enforce this?
Expert:  JGM replied 8 months ago.
If it's a new development, the chances are that the titles for the purchasers are still undergoing registration at the Land Register of Scotland. However, the solicitor you used would have been given copies of the relevant title conditions and he or she will have these on file or on disk. As far as the managing agents are concerned, they are the agents for the proprietors and should act for the proprietors as a whole but that is often lacking in the real world. Any individual proprietor has a right title and interest to enforce title conditions. Whilst it's better to do so as a group, both from a strength point of view and from an economic point of view, this isn't usually necessary in the vast majority of cases.

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