Historical charges for maintenance on a shared car park.

[DeadCertain]

I purchased a property in 2007 which had the use of a car parking space in a yard as part of the sale agreement. I do not recall there being a requirement to pay maintenance charges for said yard - the complication is that my documentation was lost in a move from abroad back to the UK some years ago. I do recall being responsible for shared costs of a communal loft space should work need to be done but not the car park.

I have just sold the house stc and the owner of the yard has sent me an invoice for £1100 for my share of maintenance he has completed from 2007 until present day. He will not provide me with a copy of the license nor details of work completed - simply says that I will need to seek legal advice should I want to contest the issue.

I am currently trying to get on touch with the solicitor that I originally used to complete the purchase, but with no luck as yet.

Does anyone know how far back historically charges can be made if I am indeed liable (he has had my address and corresponded with me on another matter, yet not notified me that any work was being carried out nor that he intended to invoice me).

I have sold the property as I suffered an injury meaning that my reasonable income dwindled to the point at which I can no longer afford the mortgage and repossession would be the next step, plus am selling at a loss of over £35 000. I am terrified as I cannot afford these charges as a lump sum and also do not know how I will be able to afford legal advice. If I am legally responsible for the charges then I will find a way to pay through selling my possessions - but if not then clearly I would rather not do so!!

IIRC the limitation period is 6 years for a contract and 12 years for a deed. You need to check your deeds. You can get them downloaded from the land registry.

Thank you very much; will do.

I have to admit it feels as if the owner may believe that I will have made money from the house sale and is chancing his arm a little - otherwise I wonder how he recovers his costs when owners do not move; are only those who sell presented with a bill??? Seems a little odd to only mention maintenance upon sale of a property rather than as and when work is carried out.

Thanks BobTheDuvet the property is freehold but use of the space is in the deeds. I have sought a little advice on the matter and found the deeds and license for use of space on the Land Registry. I don't object to paying a fair and proportionate amount however the fact that the maintenance isn't detailed and nor have I been asked for anything as and when said work was carried out makes me hesitate.

What does the license say?

A positive covenant (to pay for maintenance in this case) attaches to the land and will be on the land register for the property. If it’s not and there was no personal agreement to pay, they can do one

A positive covenant can only bind the original covenanter (as opposed to a restrictive covenant that binds the land). However, frequently such rights (to park etc) are conditional upon contribution to cost of upkeep.

OP - unless you return to say what precisely the deeds say this thread has nowhere to go.

Are there any other houses locally that also have a similar right to use the yard to park? If so, worth getting in touch with them to see if they have also been approached to pay these charges...

Also - do you have legal insurance on your house (or even car, as it's related to parking...) insurance? It comes included with lots of insurance these days (and sometimes on things like union membership or work benefits or the packaged bank accounts etc) - if you do that should be free (going forwards!) as you've already paid for it when you bought the insurance.

How much do you use the yard to park in - and how much have you used it over the years - do you remember any work ever being done or the condition changing at all (for the better)? Even better, do you have any pictures?