The Management Company owns and is responsible for the maintenance of the entire area comprising the courtyards and any other community land in Phase 1. With little exception**, none of the spaces, including car parking spaces, is privately owned.
Occasionally misunderstanding arises in respect of ownership of parking spaces, primarily because of misreading of the relevant clauses included in the Transfer documents.
The salient points are:-
A. The sale is described as being (only) of the land coloured green. (the pink area is not included in the sale).
B. Schedule 1 Clause 3 usually includes the parking provision and contains wording along the lines of “In the parking space or spaces shown coloured in pink …. or in such other area or areas as may from time to time be designated by the Management Company”. This is important because it shows that the space is not exclusively designated to the plot in perpetuity but the opportunity to use it for parking is a right granted to the Transferee.
In effect therefore the Transferee is granted a ‘general’ right to park and not a ‘specific’ right to the exclusion of others.
The erection of ‘Private’ Parking signs is inappropriate. In order to safeguard spaces liable to abuse by commercial enterprises it is acceptable that a small number of spaces display ‘Residents’ Only’ Parking signs.
**The exceptions are those spaces associated with 1-6 Holmead Walk, 18 Middlemarsh Street and 4 -10 Welland Court.