Parking rights in apartment complex

Clonback

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I live in an apartment complex that has no designated parking.I have parked my car in the exact same spot for 15 years .Could I gain title to the space?
 

TheBigShort

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Perhaps. If no-one has challegened you for the space, I would paint 'Reserved' on it by now.
See what happens.
 

Threadser

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Unlikely as presumably the common areas in the apartment complex are owned by the management company.
 

LS400

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In the unlikely event that you could take ownership of the space, what proof have you, that you and only you have used that space for 15 years??

On the other hand, if you have had the uninterrupted use of this space, what's changed now that you want to own it outright.

Could it be you want to sell with the added value of a designated parking bay?
 

noproblem

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2,261
When you purchased the apartment your contract of sale would have stated what you were buying and more than likely no car parking space was purchased by you, or included in the sale contract. Why that was, you probably know the answer. I cannot see how you can take ownership of that car space now, regardless of you using it as "you say".
 

Threadser

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No point in speculating about this, consult your solicitor and clarify the legal position. If there is unallocated parking within the estate owned by the management company then it is unlikely that you will be able to do what you intend.
 

noproblem

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I live in an apartment complex that has no designated parking.I have parked my car in the exact same spot for 15 years .Could I gain title to the space?

Time to take the car out for a spin at this stage but i'd argue you don't need a car at all.:rolleyes:.
 

Palerider

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The lease would state that the common areas, parking in this case are owned by the OMC, they have maintained and kept that area by keeping it clean etc, there is no way you can claim ownership.
 

Clonback

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Time to take the car out for a spin at this stage but i'd argue you don't need a car at all.:rolleyes:.
I travel c.15000 miles p.a. My solicitor feels as I have exclusive use of this parking spot for in excess of 12 years I can claim title.
 

noproblem

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I may be wrong but do think that particular law being done away with or something like that.
A case was taken by a squatter in Galway city for adverse possession of a property and they lost the case. The judge ruled that because the original owners paid insurance on the property over the years the squatter was in situ, that showed they were entitled to be seen as the owners.
 
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mf1

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I travel c.15000 miles p.a. My solicitor feels as I have exclusive use of this parking spot for in excess of 12 years I can claim title.


You'd need to look at the title deeds but I'd be pretty sure that you can't claim adverse possession as you are using the spot with the consent of the MC.

mf
 

Joe_90

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You'd need to look at the title deeds but I'd be pretty sure that you can't claim adverse possession as you are using the spot with the consent of the MC.

mf

I'd agree the MC gives right to park there.
 

llgon

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Even if there was a chance that you could claim adverse possession is there any point? You have had use of the space for the past 15 years. Is this likely to change? Will your apartment be worth any more with ownership of the space rather than use of it? Do you want to fall out with your neighbours? Will you be able to insure the space? What about resurfacing in the future?
 

cremeegg

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You'd need to look at the title deeds but I'd be pretty sure that you can't claim adverse possession as you are using the spot with the consent of the MC.

mf

?? I dont think so. Adverse possession can be claimed even where the owner has consented to the use.

Although I do think the fact that the owner has insured the space might stop the OP, also if the OP has been paying management charges, then adverse possession does not arise.
 

Sarenco

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Adverse possession can be claimed even where the owner has consented to the use.
Sorry Cremeegg but that is not correct.

For the doctrine to apply, the possession must be adverse to the interests of the owner. By definition, adverse possession cannot arise where the possession arises with the licence or consent of the property owner.
 

cremeegg

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Sorry Cremeegg but that is not correct.

For the doctrine to apply, the possession must be adverse to the interests of the owner. By definition, adverse possession cannot arise where the possession arises with the licence or consent of the property owner.

I do not think that the circumstances whereby the person claiming adverse possession came to hold the possession are relevant. Adverse, means that the user has possession which excludes the legal owner's possession rather than overlaps it.

In the above case the OP has not taken adverse possession just because he has parked his car there. His possession is not adverse to the legal owners possession. The legal owner has continued to exercise their ownership during the period, (depending on the facts) even though the OP has been parking there.
 
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