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wingrovebuyer, Senior Solicitor
Category: Property Law
Satisfied Customers: 737
Experience:  Bachelor of Laws (Honours); PG Diploma in Law; Member of ALA; 9 years' experience
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I own a flat in a block of 6. Two of the flats have garages,

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I own a flat in a block of 6. Two of the flats have garages, and the other four have allocated parking, with 4 marked parking spaces immediately adjacent to the flats. However, according to the deeds, my allocated parking space is directly in front of the building between two garages (belonging to other flats). However, the gap between the garages is only 5'4", and if I were to park there, it would make access to the garages difficult for the garage owners. Therefore, for several years, by agreement with the other flat owners, I have the fourth space that is adjacent to the flats (this is part of the flat development but officially an 'unallocated space' available on a first-come first-served basis. The other three spaces are numbered for the remaining flats).
While a new owner could park in the same space I have used, this would not be an allocated space (anyone else could use it if it were empty when they arrived). However, the two garage owners have said they would object to anyone parking in my official allocated space, as it would make it more difficult for them to access their garages, and I am unable to sell the flat until the issue is resolved. Please advise on what my rights are with regard to parking in the official space between the garages, and what options are available to me in terms of getting this resolved.
Customer: replied 1 year ago.
File showing the parking spot on the deeds attached. Oddly enough, although described as a parking space, it looks like a shrubbery on the deeds.

Hello. The fact is that the official space is part of your lease and so if you or a purchaser started parking there again there's not much the others can do, because you have every right to park there. U suggest you simply tell any prospective purchasers that you have an official space but normally park in the unallocated space without any issues. They can then follow suit if they buy. If buyers demand a more formal resolution, then you need to ask the freeholder to agree to a variation to your lease, to swap the official space with the unallocated space. Hope this helps? Best, wb

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