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Hello fellow travelers!
TLDR ~~~~~~~
Management company refused to help with defending my easement on their land. Is management company liable for financial loss if my house can only sell at a loss with easement being parked on by nuisance neighbours?
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I live in a house with an easement on my deeds that gives me access to the rear of the property. The house is 11 years old and one of 10 properties (8 flats and two houses), and the common land (inc my easement) are managed by residents in the flats whereby we all pay maintenance. The easement is open plan along the side of a single tarmac access road (unknown owner/crown land?). The road is wide enough to allow cars to park on one side, however a couple of neighbours have chosen to park on the side with my easement. The net result is that opportunistic parkers park squeeze in front of my gate (can't get past) from 5pm to 7am every other night, which does cause inconvenience to me (have to leave items for shed in car overnight).
I have talked to the neighbours, explained the problem I'm facing and asked if they could help by parking on the other side as cars driving on easement to get past would not cause an issue and I don't mind moving car when unloading if I'm causing an obstruction. Sadly, the response was negative to put it politely, they said there is no easement and they've parked there in same spot for 30 years and have aquired rights. They had my transfer deed in their hand clearly showing it at the time. It's was quite a soul destroying moment.
I have had a telephone consultation with a RICS surveyor who put together evidence including deeds, survey info of my development (before/after) and found aerial photography. He concluded that the land is with the easement is undoubtedly belonging to my management company and that the neighbours could not possibly have parked where they claim. He's happy to write a report to that effect given his findings on the ground are consistent with information we have looked at, basically he'll need to do up to date survey. First stop though is to talk to management company as it appears to be their land and ask them to help.
Naturally the legal costs are extreme £50-100k and the management company have refused to take action. As shareholders we had a vote by email to get everyone's input, and understandably as only I am affected it was a refusal to do anything. We discussed practicalities other than that: if these neighbours ever find "their parking space" taken then they simply park on our common land and parking spaces. There is no easy way to use bollards for my gate/common land/parking spaces due to confined space (some have questioned how it got planning permission.. hey ho), I heard the phrase "interference with a right of way" as we had someone quote/advise on bollards option. Basically it was said that we might be better off rebuilding common land but lose some spaces in order to control access... again thousands upon thousands. I'm quite miserable and my fellow shareholders seem unhappy (but probably quite glad it is not them!) It's very hard to ask them to pay to help one person.
I did go back and plead with neighbours but surprised that they got extremely cross because I had persisted with the claim that there is an easement. They won't even look at the deed and keep asserting that they can park there even though the survey says their claims are probably untrue.
To come full circle, I want to sell my house and I have to disclose that I've got a problem with the easement to buyers. No one wants to buy my property at the market rate and the agent says the easement issue means I'll have to sell at a loss. At this point their legal eagle swooped in (not sure he's got qualifications!) but his idea was that as we are suffering a material loss and the management company are refusing to protect my rights then they would be liable. So compared to the market rate, the loss I make can then be recovered from the management company/shareholders as they refused to take 'reasonable action'. He said it would be cheaper for them to engage on your side as a group with problem neighbours and possibly start legal action with a solicitor. If it is true then my £40k loss is a lot less palatable that the cost of a solicitor. Is it true? What are my options?
Please help anyone!!!
TLDR ~~~~~~~
Management company refused to help with defending my easement on their land. Is management company liable for financial loss if my house can only sell at a loss with easement being parked on by nuisance neighbours?
~~~~~~~
I live in a house with an easement on my deeds that gives me access to the rear of the property. The house is 11 years old and one of 10 properties (8 flats and two houses), and the common land (inc my easement) are managed by residents in the flats whereby we all pay maintenance. The easement is open plan along the side of a single tarmac access road (unknown owner/crown land?). The road is wide enough to allow cars to park on one side, however a couple of neighbours have chosen to park on the side with my easement. The net result is that opportunistic parkers park squeeze in front of my gate (can't get past) from 5pm to 7am every other night, which does cause inconvenience to me (have to leave items for shed in car overnight).
I have talked to the neighbours, explained the problem I'm facing and asked if they could help by parking on the other side as cars driving on easement to get past would not cause an issue and I don't mind moving car when unloading if I'm causing an obstruction. Sadly, the response was negative to put it politely, they said there is no easement and they've parked there in same spot for 30 years and have aquired rights. They had my transfer deed in their hand clearly showing it at the time. It's was quite a soul destroying moment.
I have had a telephone consultation with a RICS surveyor who put together evidence including deeds, survey info of my development (before/after) and found aerial photography. He concluded that the land is with the easement is undoubtedly belonging to my management company and that the neighbours could not possibly have parked where they claim. He's happy to write a report to that effect given his findings on the ground are consistent with information we have looked at, basically he'll need to do up to date survey. First stop though is to talk to management company as it appears to be their land and ask them to help.
Naturally the legal costs are extreme £50-100k and the management company have refused to take action. As shareholders we had a vote by email to get everyone's input, and understandably as only I am affected it was a refusal to do anything. We discussed practicalities other than that: if these neighbours ever find "their parking space" taken then they simply park on our common land and parking spaces. There is no easy way to use bollards for my gate/common land/parking spaces due to confined space (some have questioned how it got planning permission.. hey ho), I heard the phrase "interference with a right of way" as we had someone quote/advise on bollards option. Basically it was said that we might be better off rebuilding common land but lose some spaces in order to control access... again thousands upon thousands. I'm quite miserable and my fellow shareholders seem unhappy (but probably quite glad it is not them!) It's very hard to ask them to pay to help one person.
I did go back and plead with neighbours but surprised that they got extremely cross because I had persisted with the claim that there is an easement. They won't even look at the deed and keep asserting that they can park there even though the survey says their claims are probably untrue.
To come full circle, I want to sell my house and I have to disclose that I've got a problem with the easement to buyers. No one wants to buy my property at the market rate and the agent says the easement issue means I'll have to sell at a loss. At this point their legal eagle swooped in (not sure he's got qualifications!) but his idea was that as we are suffering a material loss and the management company are refusing to protect my rights then they would be liable. So compared to the market rate, the loss I make can then be recovered from the management company/shareholders as they refused to take 'reasonable action'. He said it would be cheaper for them to engage on your side as a group with problem neighbours and possibly start legal action with a solicitor. If it is true then my £40k loss is a lot less palatable that the cost of a solicitor. Is it true? What are my options?
Please help anyone!!!
