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luvmylittlies View Drop Down
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    Posted: 07 May 2012 at 11:56am
We own one of 2 flats on the same property and the neighbors are parking their cars on the common ground that is meant to be the turning circle/guest parking. This area is clearly marked on the flats plan. Before I go and talk to them about it I just wanted to be fully informed as to what our rights are. But a quick internet search came up with nothing. Anyone know where I can look to find what the rules are regarding shared areas?

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Adoring Mum to Talisin 8/9/11 and Kiara 18/01/10
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myfullhouse View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote myfullhouse Quote  Post ReplyReply Direct Link To This Post Posted: 07 May 2012 at 12:31pm
give Citizens Advice a call, they should be able to point you in the right direction
Lindsey


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luvmylittlies View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote luvmylittlies Quote  Post ReplyReply Direct Link To This Post Posted: 07 May 2012 at 3:03pm
Thanks
Adoring Mum to Talisin 8/9/11 and Kiara 18/01/10
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redtulip View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote redtulip Quote  Post ReplyReply Direct Link To This Post Posted: 07 May 2012 at 5:46pm
Hi,
Just drives you insane doesn't it?! We are in a similar situation... we have a shared driveway. The people renting nextdoor park in the driveway if there is no space on their property. This blocks access to our home.... just too lazy to park on the road and walk up! Not too certain what the rules are either other than that the drive is a common area that both houses are responsible for as far as upkeep.
Are the people living in the flat next to you the owners or are they renting? My DH is going to phone the owner/landlord and have him sort them out, he's tired of trying... maybe you can do the same if they're tenants? Your local council might also be able to offer some advice?
5 wee Angels - Always in our hearts - Aug '11, Feb '12, Aug '12, Feb '13, Aug '13
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catisla View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote catisla Quote  Post ReplyReply Direct Link To This Post Posted: 07 May 2012 at 7:11pm
Look up the Unit Titles Act - that should cover the legisation relevant to your case -a lot will depend on the Unit Title agreement you have for the shared property (i think - disclaimer - i certainly am not a lawyer!!)

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Post Options Post Options   Thanks (0) Thanks(0)   Quote Troods Quote  Post ReplyReply Direct Link To This Post Posted: 07 May 2012 at 10:09pm
Assuming this is a crosslease property, did you get a copy of the crosslease document when you bought the property? Or can you get a copy from your lawyer to see what it specifies about the common property? Unless otherwise stipulated, under the lease document where common property is a shared driveway it is generally only for the purposes of each flat owner and their respective guests/invitees using the area for vehicle access to and vehicle egress from their own property, or for turning around where required. It usually cannot be used parking of any vehicles where it obstructs or causes nuisance or blocks access for the other flat owners, unless in certain circumstances where the lease may provide. If they are definitely not supposed to be parking in the common property, then go and try to talk to them because they may not realise. If they do know, and are just being lazy and ignoring the rule, then it's up to you if you want to take it further and pay to get your lawyer involved by writing them a letter for you. Or if they are tenants, then I would suggest finding out who the landlord/rental agent is and get them to deal with it.


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minik8e View Drop Down
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Post Options Post Options   Thanks (0) Thanks(0)   Quote minik8e Quote  Post ReplyReply Direct Link To This Post Posted: 13 May 2012 at 9:36pm
Originally posted by catisla catisla wrote:

Look up the Unit Titles Act - that should cover the legisation relevant to your case -a lot will depend on the Unit Title agreement you have for the shared property (i think - disclaimer - i certainly am not a lawyer!!)


A Unit Title is a completely different thing to a cross lease. You need a copy of the cross lease document Your lawyer should have one from when you bought the house, if it is recently, or they can search it for you to get a copy.
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