Land registry dispute

MJohnH

I bought a leasehold flat more than a year ago. The flat had a designated secure parking space. At the time of purchase I signed the parking plan showing my parking space in red. But when I recieved the lease and later the title register from my solicitor, the lease didn't have the parking plan attached to it, and the register had no indication of the parking.

After speaking to my solicitor, she sent me a copy of the parking plan. But after several months of dispute with the Land Registry, she couldn't persuade them to include "parking" in the register.

Then she said she was going to draw up a new lease for the parking only. But the seller (freeholder) doesn't seem to agree to this idea.

What can I do?

I'd appreciate your advise

G_M

You need to establish what you actually bought. What did the contract that both you and the seller signed (and exchanged) say? Did the contract specify the parking or refer to the parking plan you (and the seller?) signed?

If so, then clearly you have a breach of contract case against the seller, who has failed to sell you what was promised.

However, whilst you may be able to claim compensation from the seller, that won't help you get the parking space!

If the lease you bought does not include the parking space, only the freeholder can now sell or give you a space.

If a space is available, and he agrees, you could pass the cost on to your seller.

If the space is not available, or he declines to sell/give it to you, you cannot force him

MJohnH

Many thanks for the fast reply.

The contract (lease) doesn't exactly state that parking is part of the lease. Wherever it mentions "parking", there is an "if any" afterwards. The only thing that proved inclusion of the parking in the lease was the parking plan attached to the lease, when I signed it. But somehow the parking plan has been detached and missed by my solicitor or Land Registry. At first my solicitor pretended that it's not a big deal and she would ask Land Registry to correct the title. But she couldn't. Then she said she had spoken to the seller's solicitor and they would make a new lease for the parking only.

The parking space is available and I have been parking on it. Obviously until recently the seller (freeholder) has been under impression that he had sold that parking space to me. But now he may be thinking he can re-sell that parking, rather than give it to me. As you said, I cannot force him.