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  • FIRST POST
    • SonnyH
    • By SonnyH 3rd Mar 17, 4:00 AM
    • 3Posts
    • 0Thanks
    SonnyH
    Parking Space on Leasehold flat
    • #1
    • 3rd Mar 17, 4:00 AM
    Parking Space on Leasehold flat 3rd Mar 17 at 4:00 AM
    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!
Page 1
    • Lunchbox
    • By Lunchbox 3rd Mar 17, 7:41 AM
    • 116 Posts
    • 99 Thanks
    Lunchbox
    • #2
    • 3rd Mar 17, 7:41 AM
    • #2
    • 3rd Mar 17, 7:41 AM
    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
    • By 3mph 3rd Mar 17, 7:44 AM
    • 140 Posts
    • 142 Thanks
    3mph
    • #3
    • 3rd Mar 17, 7:44 AM
    • #3
    • 3rd Mar 17, 7:44 AM
    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
    • By davidmcn 3rd Mar 17, 9:02 AM
    • 4,938 Posts
    • 4,526 Thanks
    davidmcn
    • #4
    • 3rd Mar 17, 9:02 AM
    • #4
    • 3rd Mar 17, 9:02 AM
    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.
    Originally posted by SonnyH
    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
    • By BrassicWoman 3rd Mar 17, 9:04 AM
    • 1,147 Posts
    • 4,591 Thanks
    BrassicWoman
    • #5
    • 3rd Mar 17, 9:04 AM
    • #5
    • 3rd Mar 17, 9:04 AM
    mine was on my deeds.
    May GC £215/£50 (oops)
    April 2016 GC: £24.09/ £20
  • Land Registry representative
    • #6
    • 3rd Mar 17, 9:30 AM
    • #6
    • 3rd Mar 17, 9:30 AM
    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
    • By stardust09 3rd Mar 17, 10:24 AM
    • 238 Posts
    • 193 Thanks
    stardust09
    • #7
    • 3rd Mar 17, 10:24 AM
    • #7
    • 3rd Mar 17, 10:24 AM
    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
    • By SonnyH 15th Mar 17, 7:07 AM
    • 3 Posts
    • 0 Thanks
    SonnyH
    • #8
    • 15th Mar 17, 7:07 AM
    Lease Wording
    • #8
    • 15th Mar 17, 7:07 AM
    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
    • By Lunchbox 15th Mar 17, 7:20 AM
    • 116 Posts
    • 99 Thanks
    Lunchbox
    • #9
    • 15th Mar 17, 7:20 AM
    • #9
    • 15th Mar 17, 7:20 AM
    What's the wording before that in the lease? "The right to park in..."?
  • Land Registry representative
    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
    • By DoaM 15th Mar 17, 9:49 AM
    • 2,041 Posts
    • 1,941 Thanks
    DoaM
    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).
    Diary of a madman
    Walk the line again today
    Entries of confusion
    Dear diary, I'm here to stay
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