Attached Parking Space: Rights, Legal Registration and Ways to Protect Your Rights
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What is an Attached Parking Space and Why It's Important to Understand Your Legal Rights
An attached parking space is a legal right that allows the owner of an apartment or a tenant to use a specific parking space adjacent to their property. This right is not automatic, and its legal registration in the Tabu (Land Registry) or in the purchase agreement is crucial to protect your rights and prevent disputes with neighbors, building management or other parties. In recent times, there has been a significant increase in complaints from apartment owners who were not clearly defined their right to the attached parking space, leading to expensive and prolonged legal disputes.
On this page, we will review the nature of parking rights, methods of legal registration, owners' rights and obligations, and practical steps you can take to ensure your rights are protected. The Mendelboim, Gor, Witzman-Gor and Co. Law Firm assists dozens of clients annually on real estate and property matters, including issues of attached parking, Tabu registration and dispute resolution between neighbors and other parties.
Legal Definition of Attached Parking Space
An attached parking space is a parking space located near the apartment or property, sometimes within the building complex itself (in a basement parking area or courtyard), or sometimes in an adjacent public area. This parking space is considered an integral part of the apartment or property, and is often considered a legal "accessory" of the apartment itself. This means that when an apartment is sold, the attached parking space typically passes to the new owner as well, unless otherwise stipulated in the sales agreement.
However, it is important to emphasize that parking rights are not always automatic. In some projects, particularly in urban renewal or older buildings, the parking right may not have been clearly registered in the Tabu, creating legal uncertainty.
Types of Parking Registration and Legal Differences
Registration of an attached parking space can be carried out in several ways:
- Registration in the Tabu (Land Registry): This is the official legal registration at the Land Registry Office. When an attached parking space is registered in the Tabu as part of the apartment, it constitutes strong legal evidence of your right. This registration ensures that any future buyer will know that the attached parking space is included in the transaction.
- Registration in the Sales Agreement: When an apartment is sold or purchased, the sales agreement must clearly state whether an attached parking space is included in the transaction, what it consists of (location, parking space number, etc.), and any special conditions. This agreement serves as contractual evidence of the agreement between the parties.
- Registration in Building Management or Mortgage Company: In some buildings, particularly in new projects, you can find registration of parking rights within building management documents or house rules. This is less legally binding than Tabu registration, but still important.
- Agreement Between Neighbors: Sometimes, especially in older buildings, there is a written agreement between apartment owners on the use of parking spaces. Such an agreement, although not registered in the Tabu, can have legal weight if signed by all relevant parties.
How Important is Tabu Registration for Parking Rights
Registration in the Tabu is the highest standard of legal evidence in Israel. When an attached parking space is registered in the Tabu, your right to it cannot be denied, and any future dispute will be resolved according to the registered data. If parking is not registered in the Tabu, you may encounter many legal difficulties when selling the apartment, or if a neighbor tries to claim their right to the parking space.
Recently, our firm has handled several cases where apartment owners discovered that no attached parking space was registered to them in the Tabu, despite having purchased the apartment with the assumption that the parking was included. In such cases, a request can be filed for legal registration of the parking in the Tabu, but the process requires strong evidence and may be lengthy.
Rights and Ways to Protect Your Attached Parking Right
Verification of Existing Tabu Registration
The first step is to check the Tabu of your apartment to verify that an attached parking space is registered in your name. You can obtain a copy of the Tabu from the Land Registry Office or through a lawyer. If the parking is registered, you are legally protected. If it is not registered, further steps need to be taken.
Filing a Request for Parking Registration in the Tabu
If an attached parking space is not registered in the Tabu, a request for legal registration can be filed. This request requires evidence such as the original sales agreement, ownership documents, approvals from building management or testimony from previous owners. The process can take several months, depending on the complexity of the case.
Handling Disputes Over Parking Rights
If there is a dispute with a neighbor, building management or another party over parking rights, legal steps can be taken such as sending a legal notice, requesting a court order or filing a civil lawsuit. In some cases, settlement or arbitration may be more effective than prolonged litigation.
Protection When Selling an Apartment
When selling an apartment, it is crucial to ensure that the sales contract clearly specifies the right to the attached parking space. This protects the new buyer and prevents future disputes. Additionally, all relevant documents concerning the parking space (deed of ownership, agreements, etc.) must be transferred to the new buyer.
Legal Consultation on Parking in Urban Renewal Projects
In urban renewal projects, questions often arise regarding attached parking spaces: Is it included in the new apartment? What happens if there are insufficient parking spaces? How are parking spaces allocated among residents? Our office assists residents in understanding their rights in this context.
Legal Consultation on Parking in Cases of Will Execution and Inheritance
When inheriting an apartment, an attached parking space is considered part of the inherited property. It is important to ensure that the parking space is registered in the deed of ownership as part of the apartment, so that heirs can claim their rights. Our office assists in the process of will execution and handling the inheritance of properties with attached parking spaces.
Common Scenarios and How Our Office Handles Them
Scenario 1: Purchasing a New Apartment — Attached Parking Space Not Registered in the Deed
You purchase an apartment in a new project, and the contract indicates that an attached parking space is included in the transaction. However, after the transaction is completed, you discover that the parking space is not registered in the deed of ownership. This is a significant legal problem because it means you have no official proof of your right to it. In such cases, you have several options:
- Contacting the contractor or developer requesting them to file an application to register the parking space in the deed (the contractor is often responsible for registration).
- Filing an application yourself to legally register the parking space in the deed, based on the sales contract.
- If the contractor or developer refuses to register the parking space, you can file a civil lawsuit against them based on the contract terms.
Our office has assisted several clients in this scenario, and we have successfully registered parking spaces in the deed using sales contracts and agreements with the contractor.
Scenario 2: Dispute with a Neighbor Over an Attached Parking Space
You own an apartment with an attached parking space registered in the deed of ownership. A neighbor claims he is entitled to this parking space and begins using it without your consent. This constitutes a violation of your rights. This issue can be resolved in the following ways:
- Legal Warning: Sending a formal letter from an attorney to the neighbor, stating that the parking space is registered in your name in the deed of ownership and demanding that he cease using it.
- Court Order: If the neighbor does not comply with the warning, you can petition the court for a judicial order requiring him to stop using the parking space.
- Civil Lawsuit for Damages: If the neighbor caused you damages (for example, damaged the parking space or prevented you from using it), you can file a claim for compensation.
- Arbitration or Settlement: In some cases, arbitration or an internal agreement with the neighbor may be more effective than prolonged litigation.
Our office is experienced in handling such disputes and can guide you through each step.
Scenario 3: Selling an Apartment — Ensuring the Attached Parking Space Transfers to the New Buyer
You are selling your apartment and want to ensure that the attached parking space transfers to the new buyer without complications. The important steps are:
- Verifying that the attached parking space is registered in the deed of ownership of the apartment.
- Clearly stating in the sales contract the location of the parking space, the parking space number (if applicable), and any special conditions.
- Transferring all relevant documents to the buyer (deed of ownership, agreements with the building management, etc.).
- Ensuring that the buyer's attorney reviews the deed and confirms that the parking space is properly registered.
Our office handles purchase and sale transactions of properties with attached parking spaces and ensures that all legal details are properly arranged.
Scenario 4: Shared Building or Managed Building — Dispute Over Parking Space Allocation
In a building with multiple apartments, there may not be enough parking spaces for every resident. In such cases, a dispute may arise over who is entitled to which space. The solution depends on the building bylaws, agreements between residents, and registration in the deed of ownership:
- If an attached parking space is registered in the deed of ownership for a specific apartment, then the apartment owner is entitled to it.
- If parking spaces are not registered in the deed of ownership, they are considered "common parking spaces" of the entire building, and their allocation is determined according to the building bylaws or by agreement between residents.
- Such issues often require the intervention of building management or a court.
Comparative Table: Types of Parking Space Registration and Their Strengths
| Registration Type | Level of Legal Protection | Registration Process | Enforceability Upon Sale |
|---|---|---|---|
| Tabu Registration | Very High — Your right is protected at the highest legal level | Submission to the Land Registry office with ownership documents, purchase agreement, and other certifications | Guaranteed — The new buyer knows that the parking space is included |
| Purchase Agreement Registration | Moderate — Depends on the clarity of the agreement and your ability to prove mutual consent of the parties | Written into the agreement at the time of transaction; frequently serves as a basis for tabu registration | Conditional — Must transfer the agreement to the new buyer and ensure they accept the terms |
| Building Management Registration | Low — Not an official legal registration, but still significant | Registration in house rules or administrative documents; does not require submission to the Land Registry office | Weak — You must prove your right using administrative documents |
| Neighbor Agreement | Low — Depends on signatures and the parties' willingness to maintain compliance with the agreement | Writing a consent document and signature by all relevant parties | Very Weak — Does not bind the new buyer |
Practical Steps to Protect Your Attached Parking Space Right
Step 1: Check Your Tabu Today
This is the most important step. Obtain a copy of your apartment's tabu from the Land Registry office (or through a lawyer) and verify that an attached parking space is registered in your name. If it is registered, you are protected. If it is not registered, proceed to the next step.
Step 2: Gather Evidence of Your Parking Space Right
If the parking space is not registered in the tabu, gather all evidence of your right:
- The original purchase agreement (if you purchased the apartment) — verify that it clearly states that the parking space is included.
- Previous ownership documents (if available).
- Certifications from the building management or mortgage company.
- Testimony or letters from previous owners confirming that they used the parking space.
- Photographs or documentation of your parking space use (for example, parking lot camera images).
Step 3: Contact a Lawyer
If you suspect there is a problem with your parking space registration, or if you wish to submit a request for legal registration of the parking space in the tabu, contact a lawyer specializing in real estate and property law. Mandelbum, Gor, Witzman-Gor & Co. offers a free initial consultation, during which you can discuss the matter in detail and receive practical legal advice.
Step 4: Upon Sale, Ensure Registration in the Purchase Agreement
If you are selling your apartment, ensure that the purchase agreement clearly specifies the attached parking space, its location, and all relevant conditions. This protects both you (as the seller) and the new buyer.
Step 5: Keep Documentation
Maintain records of all correspondence, agreements, and evidence related to your parking space. This can be essential in case of disputes or when selling your apartment.
Frequently Asked Questions About Parking Spaces: Rights and Registration
Why Mendelboum, Gor, Witzman-Gor & Co. is Your Right Choice
Our office has specialized in real estate and property law for more than 18 years. We have assisted numerous clients with matters related to attached parking spaces, land registry registration, disputes between neighbors, purchase and sale transactions, and urban renewal projects. Our approach is personal and dedicated — each client receives thorough and individualized legal counsel tailored to their specific situation.
We believe in complete transparency regarding costs and timelines, and that the client should understand all legal steps before taking action. This is why we offer a free initial consultation meeting, where you can meet us and discuss the matter in detail.
If you need legal counsel regarding an attached parking space, land registry registration, disputes with neighbors, or any other matter related to real estate and property law, we are here to help you.
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