Parking on access land

[haybop01]

I am having an problem with my neighbour parking their cars
Each house has been allocated ONE car parking space and this is stated in the deeds of the house.
They park 2 cars one behind the other which means that i have little monervering space to get my car in and out of my space
it states in our deeds and shows on the land regisrty plans that this is access land and you must allow others access across the land, what can i do to stop them parking there
i have approached them, but with no results as they said when they purchased the house they were told they would be able to park two cars
on the plans from the land registry it clearly show they only have one space
Has anyone got any advise

[novalis]

Is your property leasehold or freehold? If the former write to the firm to which you pay your ground rent, explain the situation and ask them to write to your neighbours. Also take your deeds to your solicitor and ask him/her to contact your neighbours.
Best of luck!

[MustafaTickl]

Your problem is that there is no contract between adjacent freeholders which means that you cannot enforce the covenant yourself. It can only be enforced by the developer who built the property. If your estate is still under construction they might do it. If completed you will have trouble in getting them interested and in any event you will have to indemnify their costs (between �200 and �500 probably as the developer will instruct a solicitor). If your neighbours ignore the developer then you will have to instruct the developer to apply to a court for an injunction. Unopposed the cost would be about �2000, but if the neighbours object it will have to go to trial by which time you will be at risk for at least �20000 as loser has to pay the winners costs.

[haybop01]

Hi
The property is freehold and the development was finished 4 years ago
the parking space in question is on a square shape piece of land that has to park four house's cars on
the space in the middle is the access land, to allow all cars to drive on and reverse off their space. it is not only my ****** space that is being restricted, but two others

[MustafaTickl]

Four years or forty years, two or two hundred people the situation is the same - freeholders cannot enforce this type of covenant against each other. It is a common problem with all types of covenant relating to washing, fencing, caravans, boats, vans and lorries, parking etc. There is always someone who comes to live there who will not voluntarily behave. Write to the developers tactfully and ask. If they turn you down then there is nothing you can do about that - the developers have no duty to you to enforce a covenant - but nothings lost by asking. The only other legal is an injunction, which would be successful if you were totaly blocked but is 50/50 if you can still get in however awkward.

[haybop01]

Hi

Please can you explain why i cannot enforce the covenant
my self and only the developer can do this, when on my
TP1 it states that the developer transfers the property together with the benefit of the rights granted in the first schedule and assigns the transferee the benefit of all covenats attaching to the property

[MustafaTickl]

By the wording you give the developer is giving the first purchasor "quiet enjoyment" of the rights and covenants, that is the good that they bring and the right to use them in connection with the purchased property solely. This is between the developer and the first purchaser only, it does not create any sort of right whatsoever or any connection at all between the first purchaser and adjacent owners. It does not create a contract between the developer and first purchaser that the benefits will always be there or will not change such as the situation which troubles you whereby straightforward parking has changed to awkward parking. If the benefits change or vary or vanish it does not give you the right to sue the developer. The developer could give another freeholder the right to park two cars instead of one, he would not be in breach of any undertaking to you and you would not be due any compensation or right to patk two cars because of it. I use the term "first purchaser" because in fact some benefits mey vanish altogether from the second and subsequent purchasers, and some only may continue to "run with the land" - the right to park would "run with the land".

[haybop01]

Hi

I have read a copy of their deeds which i got off the land registry site, and it clearly states that they have one space and the lady next door admitted that it wasnt really a space
beacuse her husband purchased a new car which when parked across the back of their space totally blocked our space,
she admitted if the had two large cars then they would not be able to park their second car their
Their deeds cleary state that they have to allow people access across the access land which is indicated on all four houses plans it also states that they are not allowed to block this land in case the emergency services needs access, isnt this breaking the highway code and are sersously in breach of the law
on one evening i was totaly blocked in and i had to call the police, and they infomred me that if they did not move the car they would be able to get them to move

[MustafaTickl]

Yes. But it does not change what I have said. The undertakings are to the developer, not to you. You cannot enforce them, you cannot even start a case, as there is no contract of any sort with you. If the developer decides to do nothing there is nothing that you can do about that, you have no contract with the developer with regard to those matters. If the local authority have not taken over the parking area the police will not bring a case for obstruction as it is a civil matter.

[emlett]

my white trash neighbours continually park over our lowered kerb blocking our car in/out as they are too lazy to park further down the street. The police just said to us that we would have to call them when it happened and they woudl make them move. I guess if you can't get them to stop doing it voluntarily, you will have to keep gettingthe police out to move the car or you could try for an injunction to preventthem obstructing your vehicle - if teh other residents join in, the costs coudl be shared but you would need evidence of obstruction and i wouldn't advise starting a neighbour dispute which could get nasty.

[conwasa]

Isn't this a Right of Way issue? Your Title should mention a right of way over the road and your Title Plan should have shading to show where it runs. If they're blocking your right of way you can get a county court injunction to make them stop - you may have to go to the Lands Tribunal first to get a ruling which you'd take to the county court to get an injunction.... I'm assuming it is a private road...