Apartment Parking Space / Power of Management Company to Overrule Deed

mountainyman

Registered User
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2
I own an apartment which I bought in 1995. The apartment was sold with a parking space.
The exact location of my parking space is defined in my deeds.

About 10 years ago the management company reallocated parking spaces - I didn't care because I don't live in the apartment it is a holiday home and I visit it every other weekend (more in summer). If someone who actually lived in the complex wanted to be closer to their flat it didn't matter to me.

However it has now transpired that the conveyance for the grounds of the apartment block was done wrongly/ falsely and that there are some parking spaces which the owners do not own.

One of these is the space allocated to me by the management company but not the space on my deeds.

Since the reallocation the woman who I swapped with has sold her flat and on the new owners deeds is the parking space that is on my deeds.

I never signed any documents agreeing to the change of parking space. I just put up with it because I didn't care.

Any advice before I look for a solicitor?
 
I wonder how the notion of adverse possession would affect your claim to the space you purchased ?

http://wiki.answers.com/Q/What_are_the_provisions_of_Irish_law_on_adverse_possession

I wouldn't waste any time and would get a solicitor onto this immediately. Although (and I'm no legal expert on this) the user of your space might be able to claim adverse possession , you might similarly be able to claim the same rights to the space you are using. I think adverse possession kicks in after 12 years so after 10 years you seem to be getting dangerously close to losing any claim on the space you purchased . Definitely get proper legal advice as soon as possible and don't rely on hearsay in a forum. Perhaps the user of your space has another space on their deeds so it might be as simple as approaching the tenants association and agreeing for everyone to move to their correct spaces. But definitely consult a solicitor and lodge an official claim on your property before time runs out.
 
You would really have to bring in all documents to a solicitor- the original deeds plus whatever documents you received around the time the management company sought to re-assign spaces. Spaces are often given by licence and therefore you may not even own the space, a solicitor needs to see the documents to advise you.