Visitors Parking Space

[Chyna]

Hi,

looking for a bit of advice please.

I own a house in a small terrace (3 houses) House A&B have garages (no parking spaces), house C (mine) only has a parking space. Next to House C parking space is a visitor space (communal). It has become clear that house A has taken to using this visitor space as their own personal space and is now storing their bins as well as their car on it. What steps can I take to get them to stop? I am concerned as they now wish to buy some more land next to the space and I am fearing a space grab. I do not live at the property so have only just seen that they have been using the visitor space as theirs.

Many thanks

[des8]

Who actually owns that "communal" space/
is there anything in your deeds or Land Registry proprietorship file about that space?

[Chyna]

Thanks for the response.

The space is shown on my Deeds shaded in blue and allocated to the 3 houses in the terrace as a shared visitor space.

I currently have tenants in the house and whilst they have never mentioned that house A is using the visitor agreement it is listed in their Tenancy Agreement with me that they have communal use of this space as well as their own exclusive space. I also want to make sure that I don't somehow lose the use of it as it is obviously an asset to the property and I or my tenants may require it in future.

[des8]

So your deeds don't say who owns it or is responsible for maintenance?

In any event as A already has use of the space (in the same manner as you presumably) he won't legally be able to make a land grab.

Why not just point out politely to him that he should not really be parking his own vehicles there, and should most certainly remove his bins.

If he does not comply, you the write asking him to cease using it.

If he still does not comply you write again, this time telling him unless he ceases to use the space you will apply for a court injunction ordering him to cease. It will include an application for adverse costs.

If he still does not comply, then its off to court

Of course that all depends on how far you are prepared to go!
Court application cost £275 + stress!

[Chyna]

Sorry, it is maintained by Trinity Property Maintenance who took over management of the Estate Residents Association. I pay a proportion of maintenance for they do to the whole Estate (unadopted roads). I don't know if I should approach Trinity first?

To further confuse (and the reason I visited the property and noticed this) is that Trinity are proposing to sell House A the land next to the visitors space for parking and I can easily see this all becomming one big space (of theirs!) if we don't address this.

Thanks

[des8]

So who actually owns the land? (?Trinity Homes?)
Check it out on Land Registry here (cost £3) https://www.gov.uk/search-property-i...-land-registry

What exactly is the wording on your deeds about that patch of land used for visitors parking?

[Chyna]

Thank you, I will have to go and dig out my copy of the deeds. It don't think it belongs to Trinity - they just took over the residents association work (formerly managed by a couple of local residents) maintaining the roads/pavements,greenery etc.

I was certainly not aware that they owned any of the estate but could be wrong there as they are the ones who wrote to me stating they had been approached about the land purchase.

[des8]

Well if they don't own it they can't sell it!¬

I was actually speculating that Trinity Property Maintenance might be linked to Trinity homes UK (a developer)

[Chyna]

Yes I think Trinity property management are linked under the Trinity umbrella. I guess they took over the development (Persimmon built it in 2002 ish) at some point. and then eventually the actual management from the local residents when they gave up (with the associated 400% pa charges hike!) unfortunately this change took place not long after I bought the property (2017) so I will need to read back through my paperwork.

[des8]

..... and look on Land Registry link above to see who owns it.

[Chyna]

Will do thanks.

[Chyna]

I purchased the Deeds for houses A & C from the Land Registry as advised. My Deeds show my parking space and the visitor space next to it outlined in red as belonging to the property. The more detailed copy of the deeds I have from when I purchased show the whole area outlined in red but the 'visitor' side couloured blue . Wording in the document says

"The right to allow one motor car to be parked in any area marked 'c' and coloured blue on the plan (if any) as does not form part of the property on a temporary basis only"

does this mean the 'visitor' space belongs to me but can be used for temporary parking by others? it's clearly outlined in red?

I also purchased the deeds for house A and there is only their garage shown as their parking.

Confused....

[des8]

Does the Land registry file for "A" say anything about a right to park on that plot of land, either for themselves or their visitors?

[Chyna]

Hi, The document downloaded for both properties is an extract of the full copy (which I guess is what I have for my house from when I purchased where the text I quoted above comes from). Mine clearly has a red line around both mine and the other space. As has no lines. neither of ours mentions parking in the extract.

Thanks

[IdefixUK]

"The right to allow one motor car to be parked in any area marked 'c' and coloured blue on the plan (if any) as does not form part of the property on a temporary basis only"

The parking space is your property so you may do with it as you wish provided that anything you do there doesn't interfere with the rights of other properties that MAY have the benefit of an easement over that piece of your land. The wording in your title deeds expresses that YOU have a right to allow one motor car to be parked in any area marked "c" And coloured blue (if such an area is marked on your title plan) and note that any such area ( being both "c" and blue) will NOT be within your property boundaries.
This seems clear enough (or does it?) but where is the blue "c" land? In the area are there other houses apart from the three in your terrace which might have been built by the same developer/builder of your house? Could the blue"c" land be found around the corner or opposite you? I suppose that if there isn't a blue "c" area on your plan (which is not part of your property) then you don't have right to park on neighbouring land.
When you look through your title deeds do you see wording like " copy filed" anywhere? If so the Land Registry hold further information which you can obtain by written application for £7 per document. ( be sure to use the .gov site). You should look for similar wording in the title deeds of house A and B ( I assume you have these and not just the title plans). It would seem that house A or B ( and perhaps others) MAY have a written easement giving them the right to park on your land in the space concerned. (The area within your title has been shaded blue ....there should be a reason for this.) Can you please confirm the wording of they have?

Regards