Parking Easement

[karonbaron]

Hi,

I have an easement to park on private land that is shared by a number of other houses that I believe have similar easements.

A resident from another development, who I don't believe does have an easement is parking on the same land which is making it difficult to use my space, as there isn't enough room for all of the vehicles wanting to use the area.

Can anyone advise on the best way to challenge this? We've been told the people concerned can be aggressive, so having a calm and reasonable conversation feels out of the question, although I know that once this gets out in paper it has to be declared when we sell our house in the future.

I'm aware that there is the option to seek an injunction, but I'm concerned how much the costs in doing so could escalate.

If anyone has any experience of similar it would be great to hear what you did (or didn't) do.

Thank you in advance.

[atticus]

is what you have really an easement, and not a lease or licence?

[karonbaron]

Yes, as I understand it. The easement is on the deeds to my house under a schedule of "rights with the benefits of which the property is transferred".

If easement isn't the right term, it certainly isn't a lease or licencing agreement.

[karonbaron]

Or at least I think it isn't a lease etc

[atticus]

As described, it does indeed appear to be an easement.

Some quick research online suggests that wrongful interference with an easement is actionable as a private nuisance. As you say, an injunction is possible; indeed that would seem to be your only route to a resolution by legal action.

[karonbaron]

Thank you for your reply. If anyone else reading has any thoughts or experiences that they are willing to share I'd be grateful to hear them.

Cheers.

[Mikezoeclem]

Thank you for your reply. If anyone else reading has any thoughts or experiences that they are willing to share I'd be grateful to hear them.

Cheers.

As a novel suggestion offer the parking area to one of the companies which will patrol the site and attach charge invoices to unauthorised users. Of course a prominent notice will be needed. When the prime abuser fails to reform the company can take him to court!

[tesla6518]

As Atticus say's, beside negotiating with the person ( seems unlikely from your comments) an injunction is really your only legal route, MikeZoeClem's idea is really novel. Firstly you have to find a parking company that are not going to make life difficult for the residents, several residents have posted on this site, where they have not renewed residents permits and then ticketed them. So once again go for an injunction.