trespass or not

jcevans

if someone walk on my parking space that i own is it a trespass . the management company wants to take a few small items from my parking space , all non flammable so no fire hazard,

cml387

It's a parking space, not a storage location flammable or not.

knucklehead6

Barbed wire fences and armed guards in towers surrounding the space is the only way to go

Mrs OBumble

https://www.boards.ie/discussion/comment/120119379#Comment_120119379

A parking space is, by definition, a storage space!

Usually it's for storing a car (which is highly flammable!). But it could be used for storing a motor cycle, bicycle, tricycle, scooter - and more.

OP, trespass likely isn't the way to go.

Check your lease for restrictions on what can be stored in your parking space. If there are none, then anyone who moves you stuff is committing theft.

Seth Brundle

A car isn't "highly flamable"!

touts

It is possible that planning permission was for parking of cars etc not a storage location.

Graces7

https://www.boards.ie/discussion/comment/120119463#Comment_120119463

??? Of course it is. Full of fuel. etc

Seth Brundle

https://www.boards.ie/discussion/comment/120119493#Comment_120119493

ok - on a calm day, walk around a car whilst holding a candle. Does the car go on fire?

When people smoke inside their cars, do they go on fire?

Certain items inside a car such as its fuel might be flamable but these are generally not exposed to normal outside factors.

jcevans

i know car is flammable my car is electric. the other things I had on my car space a sack truck. a small bird cage and stepping stool. nothing that will burst into flames,

Caranica

https://www.boards.ie/discussion/comment/120119993#Comment_120119993

And nothing that should be stored in a parking space. Check your documents, I'd be 100% confident that they specify what is permitted in a parking space.

Calahonda52

https://www.boards.ie/discussion/comment/120119993#Comment_120119993

they are concerned if someone trips over your gear that would not be expected in a CP that they would be sued so they are not trespassing.

https://www.youtube.com/watch?v=HQDy-5IQvuU

Dav010

Check your purchase contract, I suspect you do not own your parking space, it is usually owned by the OMC and you lease it or use it under license for the duration of your ownership.

o1s1n

https://www.boards.ie/discussion/comment/120119434#Comment_120119434

A parking space is a parking space - it is for parking vehicles. An argument could be made as to what could be parked there (might be cars only or you might be allowed to put in a motorbike ground lock, scoots etc) but it is generally not a storage space. You can't just dump a storage unit in your apartment parking space and fill it with things for example as it's for parking, not storage.

All depends on what the deeds/contracts say as Dav pointed out. I know in my development, you rent the parking space (it's itemized on the yearly annual service charge separate to the management fee) and is for vehicles only.

Mrs OBumble

Parking, by definition, IS storage.

Dav010

https://www.boards.ie/discussion/comment/120132554#Comment_120132554

What has that got to do with this thread, and what definition are you referring to?

The op’s agreement with the OMC likely refers to a designated car parking space. In the Uk car parking is legally defined as “a vehicle is standing still, whether it is occupied or not, for a short space of time and not for the purpose of loading or unloading goods or picking up or dropping off passengers”

TheW1zard

Park an old banger there and use it for storage!

o1s1n

https://www.boards.ie/discussion/comment/120132554#Comment_120132554

You're just arguing linguistic semantics now for the sake of being annoying - this has nothing to do with the thread and what the OP can use the parking space for, parking or 'storage' depends entirely on what his agreement with the OMC says.

https://www.boards.ie/discussion/2058280025/trespass-or-not

1) You don't own the space, it's allocated to the property, but you don't even own the property. The OMC owns the apartment (and the space) and you have a long-term lease on it.

2) You cannot charge someone with trespassing on property which you do not own. In practice, you'd never get away with it even if you DID own it. There are plenty of car parks where it's impossible to get in/out without walking across multiple spaces associated with other properties.

3) Most of these leases will specify what you can/cannot leave in the space and I have NEVER seen one that allows for anything other then vehicles (cars, motorbikes, push-bikes). I've seen developments where there was trouble when someone installed an anti-theft pole that cages your car in because, technically, they weren't allowed for in the OMC documents.

4) Anyone who thinks all this is overkill should take a step back and think. These rules and regulations don't just appear out of the blue. People aren't just sticking them in for the hell of it, it's to reduce the impact on your neighbours of anything which could be deemed unacceptable. The reason for the rules I'm talking about in point 3 is because of people like the OP. I've seen skips, BBQs, ice-cream trucks, coffee-stalls, pigeon-lofts, and a whole manner of innocuous stuff left in spaces over the years. You have to nip the innocuous stuff in the bud or it leads to the other stuff.

Irish people are cnuts. Our post-colonial hangover ensures that property/land is a real sticking point for loads of people. We don't know how to live together, and cramming hundreds of people into smallish developments is just asking for trouble. You need the patience of a saint to live around loads of Irish apartments because they just don't give a bollocks, most of them. Rules prevent the worst of this happening. If you don't like it, sell the flat and get a detached house in the middle of Connacht so you can blare Daniel O'Donnell at full volume and leave your birdcages wherever you want.

Citizen Six

https://www.boards.ie/discussion/comment/120119993#Comment_120119993

Pictures please.