private parking - no commercial vehicles allowed

[Flat dweller]

can anybody help?

we live in a development of 50+ properties in Scotland. Every flat has an allocated space that is part of their freehold and the deeds state that no commercial vehicles can be parked there. This burden is being ignored by absent owners, tenants and letting agents alike, I know that this is not legal but can anyone offer advice about how we go about enforcing the deeds?

Thanks

[Steve__M]

In England you'd have to get an injunction against everyone, which I imagine would be expensive as well as causing you issues with your neighbours. I have an ongoing parking issue with one of my neighbours and the best advice I've been given is don't take the legal route as it is an expensive and potentially unsuccessful saga.

[Flat dweller]

Steve, thanks for taking the time to reply to this. We have since taken legal advice on this as the situation is becoming worse by the day! It turns out that all owners actually have an obligation to make sure that the terms of the Title are not broken. Ignoring the terms of the Title would have long term consequences for all owners and could make selling a flat quite difficult so we have to proceed and take legal action against the people who think they can do what they like. The absent owners are the ones we need to take action against as they are defaulting on their obligations.

Thanks again for responding.

[Steve__M]

It turns out that all owners actually have an obligation to make sure that the terms of the Title are not broken. Ignoring the terms of the Title would have long term consequences for all owners and could make selling a flat quite difficult so we have to proceed and take legal action against the people who think they can do what they like.

 

Indeed, but having a dispute with neighbours is something that you will have to declare when you come to sell your flat which could have consequences too.

 

The absent owners are the ones we need to take action against as they are defaulting on their obligations.

 

I can imagine that tracking down the owners, serving the required injunctions and then trying to enforce owners to take the action required against reluctant tenants is a long-term job.

 

I don't wish to put you off because it would be interesting to hear about how you get on. But I seriously suggest getting your solicitors to give you a truthful estimate of the costs and time before you embark on this.

[Flat dweller]

Indeed, but having a dispute with neighbours is something that you will have to declare when you come to sell your flat which could have consequences too.

 

 

 

I can imagine that tracking down the owners, serving the required injunctions and then trying to enforce owners to take the action required against reluctant tenants is a long-term job.

 

I don't wish to put you off because it would be interesting to hear about how you get on. But I seriously suggest getting your solicitors to give you a truthful estimate of the costs and time before you embark on this.

 

 

Hi again and thanks for your input. Most of the absent owners have already been traced through the landlord registration unit. One great thing is that the requirement to register with the local council also allows others to identify which tenanted properties belong to which absent owner.

A fair way to go yet but the deeds are very precise so there is no way of misinterpreting them and costs can be claimed against those in breach.