2 flats ,forecourt designated "common parts" ,concerned neighbours trying to establish sole useage .

[gingeroots]

Does that make any sense ?

We live in a house divided into 2 flats with a concrete forecourt . The groundfloor flat often/sometimes park on the forecourt . Thet have a SUV and park it diagonally ( easiest to access from road ) taking up whole area .We very rarely park ( maybe 3 times a year ) .

I have explained that the forecourt is shared when I've discussed putting a bike shed on the forecourt . We are joint freeholders and the plans with the lease show the forecourt ,entrance hall and exterior side passage as "common parts " .

I don't think they really believe me or maybe don't want to .Anyway I'm just a bit concerned that they'll establish some legal claim for the ground floor flat to have exclusive parking rights .We live in London and the pressure on parking increases daily .

Am I worrying unnecessarily ? Should I get a solicitor to write politely but formally ? Could I save the expense and write myself ?

It's totally standard for leases to refer to common parts and any lawyer or court will understand that means you can all use those spaces, don't worry!

I don't think adverse possession would be an issue here as they're allowed to use it. Adverse possession is where they shouldn't be using something and do so, nobody complains, and after X years they claim it. There wouldn't be an expectation here thag you could or should complain about them using it as they're legally allowed to.

thank you spot .

pikachu is there any significance in the way they are using it in that they park diagonally across the space ,frequently ,and this has the effect of preventing anyone else from parking there ?

I think the parking position is mainly because that's the easiest angle rather than any deliberate intent to exclude.

The express lease terms (ie that this area of land is in common) will always trump and implied terms (ie that your neighbours have an exclusive right to park).

It would be sensible for you to put a note in writing stating that the forecourt is a common area and therfore shared. They do not have a priority right to use it.

Neither of you have the right to exclude the other from any part of the forecourt. You are each entitled to use the whole of it provided such use does not exclude the other.

Thank you Alice ,that sounds very clear and lawerly . And just what I wanted to hear ;always cheering .