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Flat parking space

6 replies

Firstpower · 15/03/2024 08:50

Hi I own a freehold flat when I purchased it in 2002 with a parking space it became very quickly apparent that the space that had been allocated to my flat was impossible to get out of if all other spaces were full as it was hard up against a wall with the flats behind you there is not enough room to reverse out and swing round this was then recognised by the managing agents and another parking space was manufactured by moving all bins to a different place. This was 21 years ago and I have used the space ever since I was told by the managing agent that the land registry would be updated. I have come to sell it and found that the original space is still on the land registry so I asked the New managing agents to do a deed of variation. They have put this forward to the directors who for some unknown reason have said that I must now get out of my parking space I’ve had for 21 years and revert to the Old space I don’t understand their reasoning behind it and they will not talk to me I have never even met them as they live offsite,
I think that the sale of the flat would fall through if this is not resolved, as I said it is an unusable Space,
Is there any law that states after 21 years that I can keep the space in a freehold flat situation thanks for anticipated help in this matter.

OP posts:
LadyTiredWinterBottom2 · 15/03/2024 19:10

I think if you have used it for 20 continuous years you have a leg to stand on.

What evidence have you of this?

And what is your solicitor doing?

Gloriasub · 15/03/2024 21:00

I think even you are a freehold flat owner, you are still on leasehold?
Maybe that's why?? Not sure if it's related

Lovepeaceunderstanding · 15/03/2024 21:02

Speak to a solicitor, can you have squatters rights to a parking space?

sunnidazey · 15/03/2024 21:29

Do you have the emails/correspondence from the time?
I'm guessing not, in which case you will probably need legal help.
Have you told your new buyer of your flat that your current parking space isn't accessible?
How did you come to buy the space without realising? Did the particulars mention the inaccessibly? Have you got the original conveyancing?
because if your original conveyancer let you buy a flat with parking and there isn't parking you may have a claim with them?

sunnidazey · 15/03/2024 21:31

Plus the unfairness of paying a service charge which includes maintenance of a parking area of which you can't use.

100% don't stop parking in the new 'your space' otherwise you may inadvertently lose it.

Firstpower · 15/03/2024 23:13

Hi thanks for your comments ,
you are right i now don't have the paper work from then just my luck had a big burn up 2 years ago i still have main flat papers but not correspondence,
when we purchased the flat new the builders stores and site hut were on that part of the car park this was then left right till the end to tarmac as the flat is right in the city centre,
i have spoken to one of the old directors she was a Director for 12 years and remembers what happened at that time she also doesn’t understand their reasoning why upset the status quo who does it hurt by having the deed of variation as nothing changes on site,,

i all so have photos of my cars in the space but only from 2008 /2012 and showing the Plate that has my Flat number on it on the wall this was placed there by the original managing agents They can not argue it’s not my car either because I have a private number Plate
i’m still very perplexed as to why they are so insistent, I moved back to my original parking space thats on the land registry as I see it, this was just an oversight by the original managing agents when we bought the freehold
The only thing I can think of is that my space is in a very convenient spot and one of the directors parks in the visitors, space when he visits his daughter, which is not the best place to get to either my space would be very easy for him to park into and this makes me very suspicious if this is not the reason why he wants me out and has talked to the other two directors into following his lead,
As i said this space was originally bin store when it was changed to my parking space spaces for bikes with lockable racks and two motorbike spaces also so really everybody won by converting that space from the bin Store
also, yes, you are right even if you are a freeholder you still have a lease and are bind by that you just don't have a separate landlord ,
thanks all

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