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Jamie-Law, Solicitor
Category: Property Law
Satisfied Customers: 7044
Experience:  Solicitor
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We have recently purchased a house on a development of 6

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Hi. We have recently purchased a house on a development of 6 houses on a private road. The house itself has 2 designated car parking spaces which we use. We also have another vehicle which is parked on the road (as do others on the street).We have been contacted by the estate management company and told we cannot park on the ‘estate road’, as this is causing an ‘obstruction’. We have been in touch with them to tell them in our eyes this is not causing an obstruction as 2 cars can still pass our parked vehicle. They have replied to state that the vehicle itself is the obstruction, and parking amounts trespass.How do we stand on this?

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

Who owns the road?

Customer: replied 4 months ago.
Hi Jamie, sorry forgot to put that. The road is owned by the estate management company (who we bought the property from).

Does your agreement say you can park on the road at all?

Customer: replied 4 months ago.
The TP1 transfer states that we have the right to ‘to go pass and repaid with or without vehicles for all reasonable purposes along the estate road intended for vehicular use’.It also states that ‘Not to obstruct place allow any obstruction to remain on or to render access or maintenance more difficult to the estate roads’.The point I am unsure on, is if it is still possible to pass the parked vehicle easily, does this constitute an obstruction?

But nothing which says you can park there?

Customer: replied 4 months ago.
No, the 2 spaces are on our land, but nothing is mentioned for the additional vehicle on the estate road

ok. It is bad news I am afraid - unless you have a licence to park it is in your lease then sadly they can stop you.

It is their land. You have no right to park on the land. They can stop you. If you continue, they can get an injunction to stop you.

This is not owned by the Council and as such they can prevent you.

I am sorry if this is not the answer you want, nor the one I want to give you, but I have a duty to be honest.

Can I clairfy anything for you about this today please?

Customer: replied 4 months ago.
It’s not the answer I wanted, but of course I wanted to know where we honestly stand, so appreciate your reply.If they did seek an injunction, would this cost us at all? And what would happen if we were to continue parking?

Yes it would cost. The application fee alone is £308 plus legal costs. So you are looking at around £5000

If you continued you would be in contempt of court which you can be warned, fined or sent to prison.

Does that clairfy?

Customer: replied 4 months ago.
Oh dear!Would we be given formal notification if they were looking to seek an injunction? Given they have not threatened this yet, are we able to continue to park until (and if) it reaches this stage?
Customer: replied 4 months ago.
Sorry, just to clarify. If they did raise an injunction, the £5000 would be charged to us?

They would warn. The judge would assess costs at the end of the hearing if an injunction is granted.

Yes you can continue to park, but if Solicitors are instructed then you would be liable for costs from that stage.

Does that assist?

Jamie-Law and other Property Law Specialists are ready to help you
Customer: replied 4 months ago.
I think that this has answered our questions. Thanks for your help

No problem