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Deeds and Title Plan don't correspond

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VicksLester
VicksLester Posts: 40 Forumite
in House buying, renting & selling
Hello
Son and DinL are in the process of moving house. They have sold their house and the legal process is starting.
They live on an estate that was constructed in 1989. There is a deed/plan of this estate that was registered.
Buyers are querying parking as the deed and the title plan differ. The title plan clearly shows the garage included with the property together with 2 parking places - all hatched in red. However, the deed/plan showing whole estate shows the parking places as being visitor parking. There are other discrepancies on the deed/plan that relate to other properties. We believe that this plan was updated at some point. The development was built by a company that was, soon after, taken over by a large house builder. We have been in touch with them but they maintain that the records have not been kept.
My son's buyers are querying the original plan as the designated parking is not shown. However, it is clearly shown on the Land Registry Title Plan. Solicitor has thrown it back to son as buyers are now looking for considerable discount in purchase price. Any ideas how to prove entitlement and confirm LR documents are correct. Thanks

Comments

  • silvercar
    silvercar Posts: 46,960 Ambassador
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    What is registered with land registry as the deeds of the property concerned should be what counts, if anyone wants to dispute that, they will need to take action.

    There is a land registry rep that posts on here quite often.
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  • G_M
    G_M Posts: 51,977 Forumite
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    What matters is what you are registered as owning. Look at the Land Registry title (£3) and the Land Registry Plan (£3).

    The original developers plan may well have been altered eg during construction.

    Is the house freehold?
  • getmore4less
    getmore4less Posts: 46,882 Forumite
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    VicksLester wrote: »
    Solicitor has thrown it back to son as buyers are now looking for considerable discount in purchase price. Any ideas how to prove entitlement and confirm LR documents are correct. Thanks

    Tell them if they don't believe the garage and parking places are included you will remove them from the purchase and split the title so they can be sure they are not included.

    have you checked all the planning records they would probably had to update the planning if they changed the parking.
  • Richard_Webster
    Richard_Webster Posts: 7,646 Forumite
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    Builders generally want to unload the whole of a freehold estate to somebody - so they often transfer parking spaces meant for visitors to individual houseowners - so that they own the freehold but this ownership is then subject to the rights of others to use them. So OP should check whether there are rights granted to others to use these spaces within his ownership.
    RICHARD WEBSTER

    As a retired conveyancing solicitor I believe the information given in the post to be useful assuming any properties concerned are in England/Wales but I accept no liability for it.
  • Land_Registry
    Land_Registry Posts: 5,782 Organisation Representative
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    edited 15 March 2017 at 7:06AM
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    As Richard states it's important to look at the registered details inc the original rights granted/reserved in the Plot transfer by the builder. The solicitors are going to know this so presumably there's a mismatch of information somewhere.
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  • moneyistooshorttomention
    moneyistooshorttomention Posts: 17,940 Forumite
    edited 11 March 2017 at 4:29PM
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    Richard_Webster wrote: »
    Builders generally want to unload the whole of a freehold estate to somebody - so they often transfer parking spaces meant for visitors to individual houseowners - so that they own the freehold but this ownership is then subject to the rights of others to use them. So OP should check whether there are rights granted to others to use these spaces within his ownership.

    If this is what has happened - ie visitors being allowed to use their parking spaces (despite them having the ownership of them) = then surely that "right of use by strangers" (whatever the legal language would be for that) would have to be noted down in writing in the Title Plan/Register entry of the house concerned?

    If it's noted that there is this "right of use" then the house has problems (ie will sell for less). If there is no "right of use" noted = then no such right exists.

    EDIT; think the term would be "prescriptive easement" for "right of use by strangers"??
  • VicksLester
    VicksLester Posts: 40 Forumite
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    Thank you for all your replies. We suspect that the original plan submitted by the builders was updated but cannot now be located anywhere. Other residents do, indeed, have allocated places. We are hopeful that this has now been resolved and really appreciate the responses we have received.
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