Meet the Other Phone. Protection built in.

Meet the Other Phone.
Protection built in.

Buy now

Please or to access all these features

Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Who is liable, us or landowner?

5 replies

whyohwhy33 · 11/10/2024 17:30

Hoping someone may have a clue on this.

To the back of my house we have two parking spaces for our use and there are also two for the neighbours (4 in total). The land is owned by the landowner and we have a right to have working spaces there as per the covenants. We don't pay anything extra for this.

Because we only use a space each we have had a problem with people trying to park on the land, though it is clearly off road and private. Unfortunately some people drive over the stones to get there. Neighbour made the landowner aware and asked to have a railing over the bit with the stones to stop this but nothing happened. We have tried putting up a private parking sign and telling people to move if we see them.

Someone has now caused big damage to a manhole under the stones, presumably by driving over it, ripping it up resulting in broken concrete and a hole in the ground to the drain.

Our legal documents said we are liable for maintenance costs/damage to the whole conduit, which includes this parking forecourt. But obviously our house insurance doesn't cover this part as it's not our land.

Does anyone know if we or the landowner will be liable for this? Neighbour is getting in touch with them but we don't know the legal side.

OP posts:
MoveToParis · 12/10/2024 08:22

Sounds like you’re going to have to pay.

SoNiceToComeHomeTo · 12/10/2024 08:25

I’m afraid that you will have to if the contract says that.

Jellybean85 · 12/10/2024 08:39

You're responsible for maintenance so you and neghbhours will pay

Collaborate · 14/10/2024 07:31

It is your land, as you have a legal estate in it. It’s not the freehold but it is the right to traverse over and park on the land.

TizerorFizz · 18/10/2024 09:52

I would put up the rail up too. The concrete was obviously on its last legs. If owner does not really care I would take action to keep it private.

New posts on this thread. Refresh page
Swipe left for the next trending thread