shared access

[smithy13]

I rent a property with shared access. The houses are owned by the person who sold the land except for our house who belongs to someone else. The owners of the land are using the shared access to park their cars on, are they alowed to do this?

[showcatbenga]

This depends on the covenant contract drawn up when 'your' property was seperated from the whole. You can check by going to 'The Land Registry' & paying �12 to download the registration plan (�6) & details (�6) of your property. You will find out all sorts of information like who the mortgage is with & the property boundaries as registered. There's also a really neat bit where you can overlay property boundaries on to a satellite photograph! It's amazing how poeple take liberties with boundaries when unchallenged!
Also listed will be the documents that would contain the relavant 'covenant' conditions of access. You then have to apply seperately for these - costs listed on site. I suspect that you are entitled to unimpeded access at all times but you'll either have to pay for the documents or contact the landowner of your property to view a copy of the covenant which is usually attached to the deeds (held by the mortgage company or a solicitor) to get proof. As this is private property the police will not be interested as it is a civil matter unless you are physically or verbally attacked or attacking someone else! That's harrassment, intimidation, breech of the peace, etc..
However, the best approach is usually to talk directly to the users/ abusers of the land. Talk to the other residents & car drivers & explain that you are entitled to (& need) vehicular access. Be careful not to accuse or make them wrong but ask for their help & co-operation. Say 'it's a small world & we all can give & take to get along.' Be prepared to compromise - parking is often at a premium. maybe you only need access at certain times or it's the noise of slamming car doors that is most disturbing? Let us know how you get on.

[showcatbenga]

Sorry forgot to add that you should check what you are paying for in your tenancy, is parking listed or was it mentioned verbally? Was there a car parked there when you viewed? Did you have a reasonable expectation of using the area? & contact your landlord to uphold your rights first - or suggest a rent reduction to reflect the loss of amenitiy! A potential hit to the pocket usually gets a landlord's attention. Find out how much it would cost to make alternate arrangements for your vehicles, i.e. renting a garage close by but elsewhere. This is the amount of your suggested reduction - don't be greedy, be realistic. Best of luck!

[smithy13]

Thank you for your advice it was very helpful. I looked on the land registry but it didn't tell me an awful lot but i have asked the landlord who informed me that the access is communally owned. We have asked the owners of the land about this situation and have been told basically where to go and that being only tenants we have no rights! Which we know this isn't the case. They say it's their land and they can do what they want.. It did say on the land registry that there were covenent restrictions but i think the landlord would know the score? I suppose if we wanted to be funny we could start parking there as well?

[sumida-river]

to back up your argument you need to find out the exact boundaries and rights of access etc.
a good website to use is: http://landsearch.net/services.asp