land ownership law - abandoned space or premises

Funkygreendogs

Hi, I am just wondering what are the laws that govern the ownership of abandoned premises/lot. For instance if there were a building such as a parking lot which has been contracted to developers but they might not have been paid for by the original person.

For example an underground parking lot, if this was a space which had been part of a main apartment building complex, occupied by residents, who would take ownership of the parking lot? Assuming there was a long standing legal dispute over unpaied fees? I think in this case that the parking lot in question was severly run down and had not been maintained in any way shop or from but was a necessity for the residents residing in the apartment complex. Also becomming a serious problem for the residents who are constantly being disturbed by tresspassers using the parking lot for the consumption of alcohol/underage drinking ...etc

I was wondering where one would also stand legally in organising a representative group who would obtain sponsorship from the collective residents to maintain the security and basic maintainance of the underground parking lot? Concidering the residents must leave their cars there at night, would it be safe to assume the legitamacy of minor works being carried out (such as locks and gates) for the assurance of said security?

Victor

The car park is presumably owned by the management company, it which each of the apartment owners have a share. However, the developer may still control the company in the absence of efforts by the apartment owners to take control.

It would be useful for the apartment owners to get together and determine what the exact position is. This may require hiring a solicitor, but split several ways, the amount shouldn't be too much.

Funkygreendogs

So in essence what your saying is it should be up to the apartment owners to take control of the Parking lot and provide the residents with the necessary security and maintainance?

I would be looking at this from the perspective of a tenant renting an apartment from the apartment owner, and who has a copy of the tenant agreement stating that the car park is for the private use of the tenant. Would the tenant still be in a position to 'determine what the exact position is' and organise a representative group of tenants who demand a course of action to be taken by the apartment owners

Victor

Essentially. Check what your lease says. A tenant may not be able to achieve much, but they may be able to force their landlord to do something.

Funkygreendogs

Okay, thank you for your advice much appreciated

JHdave

The Developer should transfer the common areas to the Management Company once the development is finished - in reality, however, this does not always happen.

In that case the residents of an development can force the Developer to transfer the common areas to the Management Company pursuant to the Multi-Unit Development Act 2011 - this, however, involves litigation, is not cheap and requires the owners of the properties/apartments to really pull together.

As a Tenant in a Landlord owned apartment this does not really help you. You will really have to either:
a) Get onto your Landlord about the parking problem - it is his property and he should ensure he is looking after it, including the parking spots. If your Lease states that the property includes a parking spot then the Landlord should ensure that you have that parking spot - otherwise you could argue that he is in breach of his Lease.

b) Get onto the Management Agents looking after the common areas - they should have clampers on their books who should be sent out to the apartment block to discourage strangers parking in the place.

c) If Management Agents won't listen to you get your Landlord to get onto them - he is after all paying their fees.

Hope this helps!