Freehold Parking Question

[neeeeeeeeeek 10]

I am hoping @Jeffrey Shaw will see this as he as offered very good advice before.

 

I have a freehold flat which has parking available for those who have it  mentioned in their Deeds.  It is in our deeds and is listed in the easement rights and privileges section of the deeds and says 'to use forecourt for parking, not more than one vehicle on' So we have permission to park one car in the forecourt area.

 

The freehold owner has allocated some of those spaces to specific people and put bollards in reducing the area where we can park considerably.  I would be interested to hear if he is allowed to do this. I have my own thoughts and have posted the question on a different forum so was interested to see if the views here from people in the know match what I have been told on another forum.

 

Thanks in advance for any advice

 

 

Edited August 16, 2022 by neeeeeeeeeek

[carosio 186]

Presume it is one car per houshold? Will there be enough room to comfortably park all householders' cars?

Edited August 16, 2022 by carosio

[neeeeeeeeeek 10]

There are  limited spaces available, most flats don't have access to parking in their deeds and the people he has given spaces to I don't think have it in their deeds, so they should not be parked there. We now struggle to get a space.   

Edited August 16, 2022 by neeeeeeeeeek

[carosio 186]

I'm not qualified in law, just interested in your quandary. I'm sure someone will come along and offer some good advice.

Is the deed plan quite clear on what constitutes the "forecourt" and there is no ambiguity in relation to the wording in your deeds?

Have you seen/received any notice from freeholder about the bollards?

Edited August 16, 2022 by carosio

[neeeeeeeeeek 10]

The forecourt area is pretty obvious when you look at the building but it is not shown on our deeds.  We think that the forecourt area should also include a few more spaces which are obviously part of the forecourt  when you look at it, but those are already leased out by him  separately to the ones he says are the area we can park in, so we believe we should actually have access to even more parking than the few spaces that are available to us. The wording in the deeds is exact as in the first post; 'to use forecourt for parking, not more than one vehicle on' so we have permission to park one car on the forecourt.  He allocated the spaces a before we bought the flat, the person who owned our flat did not have a car so probably wasn't bothered.  The bollards are a new thing but those spaces were already allocated to people so as far as he is concerned he has no reason to say he is putting bollards up as he says we can't park in those spaces. 

 

Edited August 16, 2022 by neeeeeeeeeek

[geared 319]

Are there signs up detailing parking restrictions and such?  Like in regular car park?

 

Have you looked for the original planning permission, or the freehold deed?  That might indicate what area is designated as the forecourt.

[Jeffrey Shaw 90]

3 hours ago, neeeeeeeeeek said:

I have a freehold flat [1] which has parking available for those who have it  mentioned in their Deeds.  It is in our deeds [2] and is listed in the easement rights and privileges section of the deeds and says 'to use forecourt for parking, not more than one vehicle on' So we have permission to park one car in the forecourt area.

 

The freehold owner [3] has allocated [4] some of those spaces to specific people and put bollards in reducing the area where we can park considerably [5].  I would be interested to hear if he is allowed to do this.

 

[1] Do you own a leasehold flat or a freehold flat? What does your registered title say?

[2] Does your title specify a defined parking space that is owned by you and coloured/edged/tinted on your lease/Transfer?

[3] Who is 'the freehold owner' if not you?

[4] Either way, a defined parking space owned by you cannot normally be allocated elsewhere.

[5] And it cannot normally be reduced either.

 

But you do need proper, paid-for advice. There might be other provisions that allow your easements to be reduced. Maybe the forecourt parking is not clearly allocated at all.

Edited August 16, 2022 by Jeffrey Shaw

[neeeeeeeeeek 10]

Hi, and thanks for the reply.

1.

It's a freehold flat in an old hotel so we just own the freehold on our flat.

3.

We know who the freehold owner of the communal areas and I guess grounds is but it isn't us.

2.

Our deeds just say 'to use forecourt for parking, not more than one vehicle on'.  I found a marked area online see 6. below.

4.

The parking isn't allocated so it's first come first serve for people who have it in their deeds.

 

6.

There isn't a plan in our deeds of the forecourt but I found a previous application online from 2001 for converting another bit of the building and in that it refers to - 'the owners of the existing flats have access rights to the area edged blue' (but the scan is black and white!) I've asked the council for a colour copy but from that we do know there is a marked area where we can park but it is shared. I hope that helps. 

 The original planning application for the conversion to flats isn't online, there might be more info on about the parking in that but my guess is it will show the areas marked in blue on the 2001 application as the car park.  Is there somewhere I can get that from?  Also our deeds are from 1980

Thanks again. 

 

Edited August 16, 2022 by neeeeeeeeeek

[Jeffrey Shaw 90]

Owning a freehold flat is a Very Bad Idea indeed. Whoever allowed you to blunder this way?

You need urgent advice.

[neeeeeeeeeek 10]

Hi Jeffrey, I will email you.