Parking help required...

[haveaguiness]

If anyone could give me some advise on the following matter I would very much appreciate it...

Basically, I moved into a flat a while ago (renting), and we were told we had use of Both parking spaces on the drive out the front (Landlord owns the freehold or something). Now when we moved in a car was parked in one of the spots so we questioned the landlord and he got on to the flats below us.

One of the flat owners downstairs (one is rented the other is purchased) claimed that he had squatters rights on the parking spot because he had used it for so many years, but when we asked to see some proof he didn't show us, but said he would send it to our Landlord (never happened). We have been trying to get it sorted with the Landlord, but nothing is getting done.

This hasn't been a problem until now as they have branched out their minibus company (they had 1 when we moved in, they now have 4 between 2 of them). So they now take up 4 parking spots in the road with minibuses and the spot on our drive.

Now what I want to know is whether we can do anything about him claiming squatters rights on the drive, something like, asking the council if they have any record of him filing for such a document to entitle him to it, or whether it is even possible...

Second I was wondering if there were any restrictions as to how many vehicles a private company are allowed to park on a public road (long shot I know but there must be some sort of restriction?)

Any help would be much appreciated!!!

 

[Interpol Shrimper]

Have you tried the Citizens Advice Bureau?

 

[haveaguiness]

You know what, I didn't even think of it! I'll give them a call tomorrow.

 

[Yorkshire Blue]

If anyone could give me some advise on the following matter I would very much appreciate it...

Basically, I moved into a flat a while ago (renting), and we were told we had use of Both parking spaces on the drive out the front (Landlord owns the freehold or something). Now when we moved in a car was parked in one of the spots so we questioned the landlord and he got on to the flats below us.

One of the flat owners downstairs (one is rented the other is purchased) claimed that he had squatters rights on the parking spot because he had used it for so many years, but when we asked to see some proof he didn't show us, but said he would send it to our Landlord (never happened). We have been trying to get it sorted with the Landlord, but nothing is getting done.

This hasn't been a problem until now as they have branched out their minibus company (they had 1 when we moved in, they now have 4 between 2 of them). So they now take up 4 parking spots in the road with minibuses and the spot on our drive.

Now what I want to know is whether we can do anything about him claiming squatters rights on the drive, something like, asking the council if they have any record of him filing for such a document to entitle him to it, or whether it is even possible...

Second I was wondering if there were any restrictions as to how many vehicles a private company are allowed to park on a public road (long shot I know but there must be some sort of restriction?)

Any help would be much appreciated!!!

By renting, I take it you mean a short term let?

What does your lease say about those parking spaces, if anything? Does it grant you exclusive right to them, or do you share them?

Do you know if the property is registered land?

 

[haveaguiness]

By renting, I take it you mean a short term let?

What does your lease say about those parking spaces, if anything? Does it grant you exclusive right to them, or do you share them?

Do you know if the property is registered land?

Yes short term and the lease states that we have exclusive right to BOTH parking spaces.

What do you mean by registered land? All I know is that the Landlord owns the freehold for the land and therefore owns both parking spaces, garden etc

 

[Mad Cyril]

Have you considered kicking his door down at 4am and 'settling the matter out of court'?

 

[number11]

Yes short term and the lease states that we have exclusive right to BOTH parking spaces.

What do you mean by registered land? All I know is that the Landlord owns the freehold for the land and therefore owns both parking spaces, garden etc

Haveaguiness, Ive pm'd you regarding 'registered land'. Take a look at the official copy entries. Or get your landlord to do the leg work as he should be providing you with what is agreed.

 

[Yorkshire Blue]

Yes short term and the lease states that we have exclusive right to BOTH parking spaces.

What do you mean by registered land? All I know is that the Landlord owns the freehold for the land and therefore owns both parking spaces, garden etc

OK, quick answer because I don't have either the time nor all the facts for a full answer:

Being a short term let, I think this is basically an issue for the landlord, not you, to sort out. If he doesn't, it'll effect the value of his freehold and he's potentially in breach of the lease (depending on the terms of the lease).

The trouble is, it may appear to be cheaper to let you walk and replace you as tenant than to sort the problem out as that may involve spending money and getting solicitors involved to write a letter or two. I'd suggest that this is a false economy as this is an issue that will need to be sorted anyway if he ever wants to sell or (re)mortgage the property.

I expect the downstairs flat is unlikely to have adverse possession. Most land is now registered land (basically HM Land Registry keeps a register of who owns what) and it's a lot harder to get adverse possession over registered land, as HM Land Registry will write to the registered owner and warn them, they then have something like 65 days to object and then they have 2 years to evict. It's also unlikely that regularly using a car-parking space would constitute adverse possession - unless they've fenced it off or something. If they have a claim it's more likely to be an easement, giving them a non-exclusive right to park. Either claim can be defeated by showing that it was exercised with the landowner's consent.

 

[dashman]

Is the landlord taking money for 'others' to use the space I wonder?

 

[chadded]

Simple answer, Hire LBS Enforcement....

 

[Davros]

Simple answer, Hire LBS Enforcement....

Glad to see i wasnt the only one watching the Dog last night