leasehold maisonette parking holding up exchange of contracts

eastie_2

I have one problem stopping me exchanging contracts on a maisonette ie parking.
The land registry shows an offroad parking space(carport) for my property I am buying on their drawing and there is one for all the 35 properties on this estate.it has been there since they were built.
But my solicitor will not proceed with the sale because the lease drawn up by the Council says the area is classed as 'garden ground' and not a parking space.
I have lived on this ex council estate since it was built 25 years ago at another property but because the lease was drawn up when it was Council this problem hasnt been picked up before.
My solicitor has tried to get an indemnety policy but can get one so we are stuck.
Anyone else have this problem or have any ideas?

Fire_Fox

Are you buying or selling? What does the solicitor say about getting the lease amended? Will the coucil agree to that?

eastie_2

I am buying but I cannot personally speak to the Council solicitor it has to be the sellers solicitor who seems useless but everything is third hand .I dont think you can ammend a lease

Fire_Fox

eastie wrote: »

I am buying but I cannot personally speak to the Council solicitor it has to be the sellers solicitor who seems useless but everything is third hand .I dont think you can ammend a lease

A long lease definitely can be varied if both parties agree - even unilaterally at a Leasehold Valuation Tribunal in some circumstances - why hasn't your conveyancing solicitor explained this to you? Does your solicitor not specialise in long lease properties and leasehold disputes? If not perhaps find one that does.

You don't need to speak to the freeholder (council) directly, your solicitor will put written questions to them regarding service charges, arrears and planned major works, you should be able to propose an amendment by the same route.

Richard_Webster

Is the "parking space" part of the land included in the lease?

If so next thing is to look at the lease to see if there are any restrictions on what can be done with it. If there is a restriction on using areas indicated to be "garden ground" for parking then the seller's solicitor should have spotted this when he bought so it is up to him to sort it out.

If the areas have been used for parking for ages it is probably a case of internal Council confusion - entirely possible for the plans of the estate supplied to the legal department when the lease was first drawn up not reflect the real life situation "on the ground". I know, I used to work for a LA!

eastie_2

Thanks for the reply Richard,
Yes it is land included in the lease and there is no restrictions.
I have lived in the road for 25 years and all properties have one parking car port space each off road but properties are only being bought from the local Council just lately.
My arguement was that its on the land registry showing it as a parking space and so is the other person who bought the other maisonette but its not stated on the lease.
This didnt stop the other buyer so why us.
surely if the land is ours we could park on it anyway I would have thought

Richard_Webster

LR plans only show what Ordnance Survey sees on the ground so this has no legal status as such, although depending on when plans were produced by OS may some evidential status to show length of use in this way.

If there are no restrictions as to the use of the "garden ground" in the lease then you have to consider the planning position.

The general planning law is that open land that is part of a residential curtilage can be used for residential purposes and that includes use as garden for sitting out or growing veg or for parking a car used by the occupants of the property. (The road isn't a classified road is it? - A,B, or C classification? If so you need Planning permission to form a vehicular access but if you can show it is at least 4 yaers old then that isn't an issue.)

I am not sure what the solicitor is concerned about - perhaps you will ask him to explain why the notation on the plan is so important.

Unless the reference in the plan is connected to restrictive wording in the lease I cannot see the issue. It is effectively no different from a house which once had a front garden with flowers, grass etc and now is all driveway. (There are new rules under planning law about putting down impervious surfaces as driveways etc but if it has been there since before October 2008 this is nothing to do with anything.)

Mr_Thrifty

ok so it's a garden not a parking space. just park on the dam garden then.