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Car Paking Space

  • 19-11-2020 10:27am
    #1
    Registered Users, Registered Users 2 Posts: 23


    Hi. I have a property that has two spaces painted with the house number of the property. It's been like this since 2004. Management company now are telling me property is only allowed one space based on the type of house it is. Any advice on what I should do to respond as it's been like that for 16 years ! Thanks.


Comments

  • Registered Users, Registered Users 2 Posts: 831 ✭✭✭Diziet


    Tell them it's been like that for 16 years and you don't accept the change?


  • Registered Users, Registered Users 2 Posts: 10,177 ✭✭✭✭Caranica


    Check your lease documents. That will have the legal information, will confirm what you agreed to even you signed.


  • Registered Users, Registered Users 2 Posts: 23 NKELLY


    Thanks for reply. Would it normally be captured on the Mortgage agreement ?


  • Registered Users, Registered Users 2 Posts: 1,712 ✭✭✭Lenar3556


    NKELLY wrote: »
    Thanks for reply. Would it normally be captured on the Mortgage agreement ?

    Not mortgage agreement, but would normally be captured in the lease.
    How did the two spaces come to be painted with your house number? Does any other apt have two spaces?


  • Registered Users, Registered Users 2 Posts: 23 NKELLY


    Thanks for reply. Where could I see the Lease? The two spaces were painted with the house number since the start. I recall I purchased the property off the plans that showed two spaces to that house. I can't see any other property in the estate with two spaces.


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  • Registered Users, Registered Users 2 Posts: 1,270 ✭✭✭spyderski


    I'd advise you to proceed with caution, and take advice before putting anything in writing, or even verbally to them. Even if there is only 1 space allocated, you may well be able to establish title to the space through adverse possession. Speak to a solicitor.


  • Registered Users, Registered Users 2 Posts: 6,769 ✭✭✭nuac


    Mod
    As Caranica advised. The solicitor who acted on the purchase of the property should have a copy of the lease/B]


  • Registered Users, Registered Users 2 Posts: 8,779 ✭✭✭Carawaystick


    As it's been >15 years, get a lawyer


  • Registered Users, Registered Users 2 Posts: 5,874 ✭✭✭Edgware


    nuac wrote: »
    Mod
    As Caranica advised. The solicitor who acted on the purchase of the property should have a copy of the lease/B]

    If you have a mortgage it is likely that there is a copy of the lease with your lending institution file. This may include description of your parking space and marked out on a map. You could make arrangement with the bank to read the documents in their office and obtain a copy if needed to futher your case


  • Registered Users, Registered Users 2 Posts: 5,874 ✭✭✭Edgware


    Diziet wrote: »
    Tell them it's been like that for 16 years and you don't accept the change?

    The law doesnt work that way


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  • Registered Users, Registered Users 2 Posts: 25,622 ✭✭✭✭coylemj


    Why are posters using the terms 'mortgage/purchase' and lease' in the same sentence? If the OP has a mortgage, he owns the property so it comes down to what is registered in the title. Which either does or does not show that he owns one or both of those parking spaces.

    OP (per post #1) is referring to a 'house' so I assume we're talking about surface parking bays, not slots in an underground car park.


  • Registered Users, Registered Users 2 Posts: 10,177 ✭✭✭✭Caranica


    coylemj wrote: »
    Why are posters using the terms 'mortgage/purchase' and lease' in the same sentence? If the OP has a mortgage, he owns the property so it comes down to what is registered in the title. Which either does or does not show that he owns one or both of those parking spaces.

    OP (per post #1) is referring to a 'house' so I assume we're talking about surface parking bays, not slots in an underground car park.

    Having a mortgage does not mean you own the property...I have a mortgage on mine and a 999 year lease from the management company. In the case of houses in a managed estate it's usually an easement rather than a lease. Either way it's a legal document signed at purchase with details of what the OP owns/has use of.


  • Registered Users, Registered Users 2 Posts: 10,632 ✭✭✭✭Marcusm


    coylemj wrote: »
    Why are posters using the terms 'mortgage/purchase' and lease' in the same sentence? If the OP has a mortgage, he owns the property so it comes down to what is registered in the title. Which either does or does not show that he owns one or both of those parking spaces.

    OP (per post #1) is referring to a 'house' so I assume we're talking about surface parking bays, not slots in an underground car park.

    Or it might very likely be a lease in respect of the unit and a licence for use of one/two identified parking spaces. Bless the spaces are within the elase’s demise, a licence seems to be more common in Ireland. In the U.K., a lease is more common in respect of parking spaces even where comprised in a multi-storey car park.


  • Registered Users, Registered Users 2 Posts: 14,599 ✭✭✭✭CIARAN_BOYLE


    coylemj wrote: »
    Why are posters using the terms 'mortgage/purchase' and lease' in the same sentence? If the OP has a mortgage, he owns the property so it comes down to what is registered in the title. Which either does or does not show that he owns one or both of those parking spaces.

    OP (per post #1) is referring to a 'house' so I assume we're talking about surface parking bays, not slots in an underground car park.

    Management companies usually only get to have a say when you don't own the property (or common areas attached to it).

    Usually there's a lease for something when there's a management company.


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