Legality of a 1989 Agreement relating to Jointly Owned Prope

[Luke]

We are in dispute with the new developers of an adjoining block who claim rights to parking on our communal land (we are four large apartment blocks, built in the 1980s, in a single complex). Their claim is based on a 1989 'agreement' lodged with the Land Registry.

Our complex was originally planned as 5 blocks; one was sold by the developers for use as 'hotel apartments' and a separate Title Deed was issued. The 'agreement' supposedly gave the new owners of that block 'exclusive' parking rights to use and access one particular area on our property [which our Title Deeds clearly show 'our' complex owns as communal land]. The area is inside our boundary wall and security gate.

The lawyer who is employed by our Management Committee says that since the agreement was lodged with the Land Registry, it is legal and we have to abide by it. However, as we understand the law, 'exclusive rights' to use specific parking bays can only be signed away by 75% or more of the owners of the communal land. Yet the 'agreement ' was only entered into and signed by the half-dozen or so directors of the original developers. No joint owners of our complex were even consulted, let alone gave their permission!

According to our Title Deeds, each unit is entitled to use one (undefined) parking space. Yet even including the disputed area, we don't have the 100+ spaces required for every unit. We can ill afford to lose the 10 or so spaces we have been using uninteruptedly for the past 22 years!

Advice please! We have an AGM due on October 15th. What do we tell the owners of our complex?

[Nigel Howarth]

Hi Luke,

I've just found an article that may be of interest in your situation. You'll find it at http://www.buy-cyprus-property.co.uk/ar ... arking.php

Regards,

[Luke]

Thanks for the link Nigel.

However our query is whether the original developers (not representing 75% of the owners of our complex) had the legal right to sign an agreement regarding the exclusive usage of land on our complex and inside our security barriers by the owners of a building outside the complex! [If you think you're confused, imagine how we feel! ]

Yes, the paperwork was lodged with the Land Registry, but are the 'signatures' - and therefore the agreement- legal? It would certainly seem to be in contravention of the existing law on joint property.

Secondly, this 'agreement' is nearly 20 years old but has never been applied before (not even made known to any owners here before)! We have used the parking without interruption; 'they' never have! Wouldn't that alone negate it?

[Pantheman]

Hello Luke,

i cannot be 100% certain on this, but if I had to look at it logically, if the developer (who then owned the land, title in his name) gave permission (under the 1989 agreement) then yes this would hold especially as it has been lodged with the land registry.

If the buyers (yourself and others) came after the agreement was made, it is the fault of your legal people for not checking the detail and you could also blame the developer for not mentioning it. Of course he wants to sell so why complicate things.

But since the land was his in the first place he is free to assign who gets what.

If you came before the assignment was made then you would probably have a case against the original developer and quite possibly the land registry for accepting the agreement without your 75% signatures.

This is the point that needs to be ascertained and it is this point of law that would need to be contested.

IMHO

Good luck

pan