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Joshua, Lawyer
Category: Law
Satisfied Customers: 26626
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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We own a flat,one of three in a large house. it is situated

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we own a flat,one of three in a large house. it is situated on a larger site owned by a residents association . We have an area outside outside our entrance door,where we have parked, for a number of years. It transpires that the land we park on, is actually owned by the residents association.Probably a mistake ,when the land was sold to property developers ,by the people who lived in the large house, were our flat now is. A bright spark! has spotted this and decided we need to pay them an annual rent.Its clear they do own the land,not a lot we can do about that. But we have right of access and pay for the upkeep/resurfacing of the roads( 1/21) along with other residents. They say that if we don't want to pay for the space ,they will rent it out to other people in the area,who have no association with the site and contribute nothing to the upkeep of the roads.Can they really do that?They have also built a planter on our pedestrian right of was,which I believe they should remove. Alan Owens
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience. May I ask if you have a right to park in the space in your lease please or is there no such right and you have been parking on an informal basis please?When did you buy the flat roughly?Was it advertised with a right to park there?Do you have an interest n the residents association? You mention thre are three flats but you mention that you contribute 1/21 to the association which suggests the association relates to other buildings as well?
Customer: replied 3 years ago.

1.There is no formal right,but other flat owners have parked there for 22 years

2. six years ago

4. We have no interest in the association. There are three flats in the old property which originally owned the land and 18 properties in the association,making 21.

p.s got to go and collect my 92 year old mum,duty calls.

thank you. If there is no rights contained within your lease to Park in the space, then it follows that you do not have a legal easement to park there. This being the case, the owner of the land can seek to prevent you parking there, if necessary, by applying for an injunction in the County Court, and/or is free to negotiate parking terms with you such as renting you the space. Of course of the land is owned by an association, then the members of the Association could vote for a different course of action but if you are not a member of that association, you may not be able to influence this. If the property was not advertised with the benefit of a parking space then there Would not appear to be any potential negligence on the part of your solicitor to pursue. however, I note you referred to a contribution towards upkeep of roads to the Association. This suggests, though does not confirm that you may have an interest in the residents Association. Residents associations such as this would typically provide membership to the various residents that contribute to and benefit from it and if you are not hundred percent certain on the constitution of the residents Association, you may wish to investigate this further because you may find that you are a member all at least are entitled to become a member and could influence the proposed policy of the Association in respect of parking and indeed other matters. The position is different with regards ***** ***** planter they have placed. If you have a right of access over that pedestrian route and they have either blocked the route or made it substantively more difficult to negotiate, this amounts to a derogation of the grant of rights to you in this respect under your lease and you can require that the obstacle is removed. If the obstacle is not making the right of way substantially more difficult to negotiate, it is unlikely to be a breach of your rights but in the assumption it is making it substantively more difficult to negotiate a right of way, the position is as above and you can require them to remove it I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful
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