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Residential car parks Visitor spaces
Our Land Registry shows that the visitor space in a shared communal car park belongs to us. It is right next to our numbered space. The space was marked with a V, and we have recently put our number over this, for reasons which are a whole other matter.
One neighbour has just come to us and told us that it is a communal space but it's on our registry as we have to maintain it as everyone has their share of the car park to maintain. She insists that everyone else's deeds say that there's a V space provided for visitors, but so far has only shown us that that's what the housebuilders intended on their gumpf. We can't locatate our deeds at present, and only have the land registry which shows a boundry including all access areas of the car park we are 'responsible' for. Would it be possible that this was an agreement when the builders first sold the houses, which all (7) have new owners since and has no legal standing? Is there a term for this? Thanks.
One neighbour has just come to us and told us that it is a communal space but it's on our registry as we have to maintain it as everyone has their share of the car park to maintain. She insists that everyone else's deeds say that there's a V space provided for visitors, but so far has only shown us that that's what the housebuilders intended on their gumpf. We can't locatate our deeds at present, and only have the land registry which shows a boundry including all access areas of the car park we are 'responsible' for. Would it be possible that this was an agreement when the builders first sold the houses, which all (7) have new owners since and has no legal standing? Is there a term for this? Thanks.
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For more on marking an answer as the "Best Answer", please visit our FAQ.If the effect of this is that you have 2 parking spaces and everyone else has one, then it could well be an error when the title deeds were first prepared, because it would seem logical to have at least one shared visitor space.
If your concern is that you have to pay to maintain this space then you could try to get agreement of the other 6 owners to share the costs. However, to make this effective & to bind future owners a Deed would have to be prepared and entered on all 7 land registry documents. You would also have to agree on who was to be responsible for collecting the money, arranging the maintenance etc. This all seems a lot of work and cost for what I think is a minor issue - i.e. the maintenance cost surely is very low?
If you want to pursue it I think you need to find your original deeds and any other documents that are available from the time the houses were built.
If your concern is that you have to pay to maintain this space then you could try to get agreement of the other 6 owners to share the costs. However, to make this effective & to bind future owners a Deed would have to be prepared and entered on all 7 land registry documents. You would also have to agree on who was to be responsible for collecting the money, arranging the maintenance etc. This all seems a lot of work and cost for what I think is a minor issue - i.e. the maintenance cost surely is very low?
If you want to pursue it I think you need to find your original deeds and any other documents that are available from the time the houses were built.
Thanks for answering. We've made a bit of leeway today.
Until we done this, we had one space only, and everyone else had 2. We've found some of our documents today, there's talk of various covenants and easements, but none regarding this issue, so it would seem it was never made legal when the land was registered. Remembering we paid extra for legal cover on the home insurance, my husband phoned today and we've been told that we can basically do what we like with it as it's ours, and it's up to others to contest rather than us prove, unless others start using it. The neighbours in question are the only ones who think they have right to it, and have been out taking pictures and talking loudly about us just trying to increase the value of our house at their expense. It's on the outskirts of a small town, not central London!
Until we done this, we had one space only, and everyone else had 2. We've found some of our documents today, there's talk of various covenants and easements, but none regarding this issue, so it would seem it was never made legal when the land was registered. Remembering we paid extra for legal cover on the home insurance, my husband phoned today and we've been told that we can basically do what we like with it as it's ours, and it's up to others to contest rather than us prove, unless others start using it. The neighbours in question are the only ones who think they have right to it, and have been out taking pictures and talking loudly about us just trying to increase the value of our house at their expense. It's on the outskirts of a small town, not central London!
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