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Parking Space on Leasehold flat

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SonnyH
SonnyH Posts: 22 Forumite
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in House buying, renting & selling
Hi,
We have recently purchased a new flat that comes with a numbered, exclusive parking space. We have just received our land registry document for the flat (150 year lease) but it makes no mention of the space. Should this be on the land registry too?
Thanks!

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  • Lunchbox
    Lunchbox Posts: 278 Forumite
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    What is the wording on your lease regarding the parking space? You'll probably find that it is a 'right to park' in the parking space and you don't 'own' it.
  • 3mph
    3mph Posts: 247 Forumite
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    On the flat we are trying to buy the parking spaces below ground and above ground are all marked out on ground and on a map attached to the lease.
  • davidmcn
    davidmcn Posts: 23,596 Forumite
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    SonnyH wrote: »
    We have recently purchased a new flat that comes with a numbered, exclusive parking space. We have just received our land registry document for the flat (150 year lease) but it makes no mention of the space.
    Did your solicitor give you a report on the lease? What did it say about the parking space? Stepping back a bit, did your solicitor know there's meant to be an exclusive parking space?
  • BrassicWoman
    BrassicWoman Posts: 3,202 Forumite
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    mine was on my deeds.
    2021 GC £1365.71/ £2400
  • Land_Registry
    Land_Registry Posts: 5,780 Organisation Representative
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    If the lease includes a right to the exclusive use of an area then I would expect this to be referred to on both the landlord's and tenant's titles.

    As others have posted clarifying the actual term of the right within the lease will be crucial to ensure that it is a genuainely legally granted exclusive use. And it was not for example something you were told when the property was marketed but not backed up by the terms of the lease
    “Official Company Representative
    I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
  • stardust09
    stardust09 Posts: 264 Forumite
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    My parking-space-to-be is marked on the title deeds because it is exclusively mine and will be owned by me (well, as much as a leasehold title allows!). I can imagine that this isn't always the case and you need to double-check with the solicitor. My block of flats only has a car park of 4 cars so it might be different for the very large blocks.
  • SonnyH
    SonnyH Posts: 22 Forumite
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    Hi,

    I've found the pertinent wording in the lease...

    "...the car parking space identified as parking spaces 51 and 52 on Plan 2 or such other parking space as the Landlord or the Management Company may allocate in writing from time to time if it becomes reasonably necessary to do so"

    I guess this shows the reluctance to have them added on to the land registry as it would limit their powers to change the spaces. However, is this wording enough to ensure they must be provided for the full term of my lease (150 years)?

    Thanks!
  • Lunchbox
    Lunchbox Posts: 278 Forumite
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    What's the wording before that in the lease? "The right to park in..."?
  • Land_Registry
    Land_Registry Posts: 5,780 Organisation Representative
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    As lunchbox mentions the rest of the clause also matters - it reads as if it is a right to use the parking spaces only and the ones you can use may vary as mentioned. If it were 'exclusive' then that word would normally be used

    If it is a right then it should be in place whilst the lease remains valid
    “Official Company Representative
    I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
  • DoaM
    DoaM Posts: 11,863 Forumite
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    Are there any parking controls there? (e.g. are there signs up from a private parking company performing parking "management"?)

    If yes, is there anything in the lease referring to such parking management, about having to display a permit, and the right of such a company to impose charges?

    (I know it's not what you've asked ... I'm just making sure that you've not got another issue to overcome. Parking companies on residential sites target the residents once any fly parkers have been ousted - parking companies don't work for the benefit of the residents, they only want money).
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