Help-My flat's parking goes through the other owner's garden/parking

kellysm

Hello,
I just completed a sale on a top floor Victorian conversion flat. The flat was advertised with off street parking and the estate agent told me that I would get a key for that. When I completed I found out that in order for me to get into my off street parking, I need to pass by a key operated fence, then pass via the ground floor's parking spot, so I can reach mine. I don't have a key for that fence (the estate agent never gave it to me and the seller's lawyers stated that there isn't one for me). The ground floor owner has the key since it belongs to her parking spot and also garden. I am not sure what to do. Go to court against the estate agent? Go to court against the vendor? Am I allowed to go over the other owner's parking spot so I can get into mine and therefore ask for a key from the other owner? Thanks very much for the advise.

G_M

This should all have come to light during the conveyancing process.

If you take action against anyone, it should be your solicitor. Or did you do the conveyancing yourself.....?

There again, your solicitor has probobly never seen the property, or layout, so would not have known to invetsigate the access unless you asked. Did you?

Did it never occur to you to ask how the gate operated?

* What does the Title Plan show in respect to the parking area?
* What does the lease say about rights of way /access?
* What does the lease Plan show in respect to the parking area?
* Do you have to pass through downstairs parking space, and how could you do so if his car is there?
* or is there a driveway? If so, what do the plans indicate astoownership/access rights?

gingerdad

Ask your neighbour for a key. It should be clear if you have a right of way or not. I know when we bought our house we have historical access over neighbours gardens to get to a cesspit, on mains sewer so never needed to.

ValHaller

kellysm wrote: »

I don't have a key for that fence (the estate agent never gave it to me and the seller's lawyers stated that there isn't one for me).

What induced you to continue with the purchase then?

That was a seriously strong indicator that there was some kind of dispute which your vendor had given up on and you should have followed it up.

kellysm wrote: »

I need to pass by a key operated fence, then pass via the ground floor's parking spot, so I can reach mine.

Let's be clear about this.Is the ground floor's parking spot a physical parking spot or a parking spot allocated on the deeds?

It looks to me like they have 'privatised' it all for their benefit and got away with it because whoever was owner or tenant of your flat did not have a car.

This will probably be a fairly serious legal dispute which you would win eventually, but you'll probably have to fund it yourself - as it arises from a condition existing at the time of purchase, legal cover with your house insurance will not take this on. Start collecting evidence - google aerial views and other sites. Find out when the gate was installed.

xylophone

The flat was advertised with off street parking

You have kept a copy of the details?

seller's lawyers stated that there isn't one for me).

In the enquiries before contract?

G_M

seller's lawyers stated that there isn't one for me).

xylophone wrote: »

In the enquiries before contract?

My interpretation was that on Completion the OP asked the EA for a key, then (perhaps via his solicitor?) asked the seller's lawyers (ALL of them???)

But that's just a guess.

kellysm

G_M wrote: »

My interpretation was that on Completion the OP asked the EA for a key, then (perhaps via his solicitor?) asked the seller's lawyers (ALL of them???)

But that's just a guess.

So yes I have the email from the agency with the brochure that states off street parking.
We were told by the seller's solicitor that we were not getting the key for the fence on the day of completion - post lunch time! So my lawyer suggested that we complete and that he would sort it out this week. I am following up with him.
Whose's fault it is? Is this something that my solicitor should have picked up?

dodger1

kellysm wrote: »

Am I allowed to go over the other owner's parking spot so I can get into mine and therefore ask for a key from the other owner? Thanks very much for the advise.

You say "go over" the other parking spot, do mean "go around" because you're stuck if there is no room to go around the spot.

G_M

kellysm wrote: »

...Whose's fault it is? Is this something that my solicitor should have picked up?

Sigh! Deeply!

This should all have come to light during the conveyancing process.

If you take action against anyone, it should be your solicitor. Or did you do the conveyancing yourself.....?

There again, your solicitor has probobly never seen the property, or layout, so would not have known to invetsigate the access unless you asked. Did you?

Did it never occur to you to ask how the gate operated?

* What does the Title Plan show in respect to the parking area?
* What does the lease say about rights of way /access?
* What does the lease Plan show in respect to the parking area?
* Do you have to pass through downstairs parking space, and how could you do so if his car is there?
* or is there a driveway? If so, what do the plans indicate astoownership/access rights?

kirkbyinfurnesslad_2

kellysm wrote: »

So yes I have the email from the agency with the brochure that states off street parking.
We were told by the seller's solicitor that we were not getting the key for the fence on the day of completion - post lunch time! So my lawyer suggested that we complete and that he would sort it out this week. I am following up with him.
Whose's fault it is? Is this something that my solicitor should have picked up?

That would have rung alarm bells ringing immediately, get on to your solicitor asap and dont let it go until its sorted

ValHaller

OK, this was a completion day problem. Is your parking place shown on your deeds?

and an important question - your answer is needed

kellysm wrote: »

I need to pass by a key operated fence, then pass via the ground floor's parking spot, so I can reach mine.

Let's be clear about this. Is the ground floor's parking spot a physical parking spot or a parking spot allocated on the deeds?