I own a leasehold flat, which includes a shared freehold. The freehold is owned by a Ltd company. Currently I am the sole director of the freehold company. There are 7 flats in the building, all with equal share in the freehold. The property has space for car parking at the front, and my lease contains the following:
The right in common with all other persons entitles to the like right (being not more than 3 in all) to park not more than one private motor car on the forecourt of the block PROVIDES THAT such parking does not obstruct the main entrance and front steps of the block so as to restrict reasonable access thereto.
Over the last few years the parking (which can just about squeeze 4 cars on) as been treated as a first come first served parking space for all flats. This hasn't caused any issues until recently when more residents are parking there, causing me to loose my space on occasions. I have since obtained a copy of one of the other leases (the previous director doesn't seem to have kept counterparts) and I have asked the managing agents to get the others. The lease I have got a copy of was granted a deed of variation, signed by the previous director, which granted the same parking rights in 2008.
Now I read my lease has meaning that no more than three out of the seven flats should have parking rights, but I suspect the other flats may have been granted similar deeds of variation. If so, can I enforce my own parking rights by for example chaining off one of the parking spaces? Can I get the dees of variation declare null and void?
I am thinking of extending my own lease (although as the only director, I would presumably have to sign this extension off, don't know if this is allowed), would it be possible to change the wording on such an extension to better enforce my parking rights?
Thanks
Quote:
The right in common with all other persons entitles to the like right (being not more than 3 in all) to park not more than one private motor car on the forecourt of the block PROVIDES THAT such parking does not obstruct the main entrance and front steps of the block so as to restrict reasonable access thereto.
Now I read my lease has meaning that no more than three out of the seven flats should have parking rights, but I suspect the other flats may have been granted similar deeds of variation. If so, can I enforce my own parking rights by for example chaining off one of the parking spaces? Can I get the dees of variation declare null and void?
I am thinking of extending my own lease (although as the only director, I would presumably have to sign this extension off, don't know if this is allowed), would it be possible to change the wording on such an extension to better enforce my parking rights?
Thanks