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Stuart J
Stuart J, Solicitor
Category: UK Property Law
Satisfied Customers: 20664
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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Hi I wonder if you can help. I have a parking issue with a

Resolved Question:

Hi I wonder if you can help. I have a parking issue with a neighbour. We live on a private managed estate with allocated parking bays to the rear of our properties. Most properties have two parking bays one in the rear of the gardens behind a gate and the other in front of the gate in the common parking area. My neighbour does not have a parking bay outside of their gate. But has begun parking a vehicle there leaving me with very restricted access to my own parking bays. I have tried to speak to my neighbour but they are unwilling to move the vehicle. What can I do ?
Submitted: 1 year ago.
Category: UK Property Law
Expert:  Jo C. replied 1 year ago.
Hi

Thank you for your question and welcome to Just Answer. My name is XXXXX XXXXX I will try to help with this.

Thanks for your interest in me but this isn't really my area. This is a property issue rather than a traffic one.

I'll pass you onto somebody who can help but I think he's offline tonight. He will be on tomorrow if thats OK?
Customer: replied 1 year ago.
That's fine please pass it on.
Expert:  Jo C. replied 1 year ago.
No problem.

I've emailed him.
Customer: replied 1 year ago.
I have had no further response to my request ! What do I do now ?
Expert:  Jo C. replied 1 year ago.
I will chase him for you
Expert:  Stuart J replied 1 year ago.




Hello.

I'm sorry to be so
long getting back to you, for some reason I didn't get my colleagues email.



Can you please
confirm that this is on a part of the property over which you and all the other
owners have access.



That is I assume
that each owner can only park either in the designated space or on their own
property, and that they have no right in particular to park on this area, any
more than you or anyone else does.



Please bear with me
today because I am online and off-line all day with clients.



Customer: replied 1 year ago.
Thanks for responding. Your assumptions are correct.
Expert:  Stuart J replied 1 year ago.




Thank you. Assuming
all the leases are the same (You can get his lease from Land Registry for about
£20 to be sure) https://eservices.landregistry.gov.uk/www/wps/portal/!ut/p/b1/04_SjzS0tDQwMTIxMjLXj9CPykssy0xPLMnMz0vMAfGjzOKNjSxMDA1NjDwsjM3MDTxN3dyNDUNMjQ1MjPWDU_P0c6McFQH3SLFU/

I suggest that you
check your lease if it is likely that they are all the same, as it will save
you £20.



Then there will
usually be a covenant not to cause nuisance or obstruct the common parts. Even
if there isn't an actual covenant it is a common law requirement in any event.



My suggestion would
be to get a solicitor to write to the offender (a solicitors letter will carry
more weight) threatening an application to court for an injunction to compel
them to stop parking there and an application for court costs.



At the same time, I
would write to the freeholder and the management company threatening a similar
action against them for allowing this to happen and for allowing the neighbour
to breach the covenant for quiet enjoyment. Quiet enjoyment does not literally
mean "quiet" but means simply without interference.



Faced with an
application to court, hopefully the obstructive neighbour will stop and, faced
with an application for court, the freeholder and the management company are
likely also pursue the obstructive neighbour because I am certain that the
freeholder will not want to be taken to court simply because one neighbour is
parking where they are not supposed to.



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the question? Can I assist further? Can I answer any specific points?







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Stuart J, Solicitor
Category: UK Property Law
Satisfied Customers: 20664
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street practice
Stuart J and other UK Property Law Specialists are ready to help you

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Stuart J
Stuart J
Solicitor
20664 Satisfied Customers
PGD Law. 20 years legal profession, 6 as partner in High Street practice