UK Property Law
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I'm sorry to be solong getting back to you, for some reason I didn't get my colleagues email.
Can you pleaseconfirm that this is on a part of the property over which you and all the otherowners have access.
That is I assumethat each owner can only park either in the designated space or on their ownproperty, and that they have no right in particular to park on this area, anymore than you or anyone else does.
Please bear with metoday because I am online and off-line all day with clients.
Thank you. Assumingall 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 youcheck your lease if it is likely that they are all the same, as it will saveyou £20.
Then there willusually be a covenant not to cause nuisance or obstruct the common parts. Evenif there isn't an actual covenant it is a common law requirement in any event.
My suggestion wouldbe to get a solicitor to write to the offender (a solicitors letter will carrymore weight) threatening an application to court for an injunction to compelthem to stop parking there and an application for court costs.
At the same time, Iwould write to the freeholder and the management company threatening a similaraction against them for allowing this to happen and for allowing the neighbourto breach the covenant for quiet enjoyment. Quiet enjoyment does not literallymean "quiet" but means simply without interference.
Faced with anapplication to court, hopefully the obstructive neighbour will stop and, facedwith an application for court, the freeholder and the management company arelikely also pursue the obstructive neighbour because I am certain that thefreeholder will not want to be taken to court simply because one neighbour isparking where they are not supposed to.
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