Parking rights in apartment complex

In my case I purchased an apartment number 2, with a well located parking space marked "2". Unusually the parking space wasnt identified on the title by a map I.e. it was allocated by the management company. However, when I signed contract I was allocated a less desirable parking space further away in the complex. I think the managing company directors own several apartments and did this to suit themselves.
 
You will not obtain adverse possession (AP) over a parking space in the common area of an apartment block where you’re the owner of an apartment.

Firstly, the management company of which you’re probably a member will have title to the common area parking spot. You’d be claiming adverse possession against yourself effectively.

Secondly, and in any event as an owner, you’re parking there with an implied permission (or even express permission) from the management company, depending on the terms of title deeds to the development and long lease of the apartment/management company agreement. One prerequisite to acquiring property by AP is that you occupy the land as a trespasser without permission.

In real life, to obtain adverse possession over land, you must do so “nec clam, nec vi, nec precario” for a minimum of 12 years (without secrecy, without violence and without permission) but you’d want to be in adverse possession for around 20 years before a court would consider accepting a claim for AP. For you to succeed, you would have to build a fence around the claimed property and keep it under lock and key - something difficult to do with a parking space and something which would draw some attention to the fact within days.
 
Thanks @Jayom75

Very helpful.

In my case, there is a dispute with a management company after I recently decided to move into my apartment which had been rented out for 10 years.

My tenant didnt use the space.

The MC says another apartment sold my car space.

My deed documents say I have exclusive licence to use space no. X

So I am aghast how someone else could 1. sell my space 2. could do so when I have the exclusive licence to use space no. X.

The MC say they have no record of me and my owning the car space but I have the deeds which plainly prove it.

Would it be possible that the MC gave a licence to another person ignorant of my interest?
 
dlawgal said:
Thanks @Jayom75

Very helpful.

In my case, there is a dispute with a management company after I recently decided to move into my apartment which had been rented out for 10 years.

My tenant didnt use the space.

The MC says another apartment sold my car space.

My deed documents say I have exclusive licence to use space no. X

So I am aghast how someone else could 1. sell my space 2. could do so when I have the exclusive licence to use space no. X.

The MC say they have no record of me and my owning the car space but I have the deeds which plainly prove it.

Would it be possible that the MC gave a licence to another person ignorant of my interest?
Click to expand...
I’d be surprised if the MC gave a licence to another in violation of your ownership. But who knows. If you have the deeds showing you have exclusive licence to use the space then that suffices.

If someone sold rights to your space, that sale is void as the law will not permit one to sell what one doesn’t own (“nemo dat quod non habet”).

Exclusivity remains with you and legally never passed to the purported owner. Whoever arranged the transfer, it’s their problem to deal with with the purported purchaser.
 
Jayom75 said:
I’d be surprised if the MC gave a licence to another in violation of your ownership. But who knows. If you have the deeds showing you have exclusive licence to use the space then that suffices.

If someone sold rights to your space, that sale is void as the law will not permit one to sell what one doesn’t own (“nemo dat quod non habet”).

Exclusivity remains with you and legally never passed to the purported owner. Whoever arranged the transfer, it’s their problem to deal with with the purported purchaser.
Click to expand...

@Jayom75

Thanks, I might sleep easier tonight.

My solicitor handling it now.
 
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