Parking spaces to be retained by the owner

firsttimeforeverything_2

Hi all,

We're on the verge of exchanging, and I'd like some advice, please.

So, we're buying a semi-detached house from a company (basically 2 guys) who built it, along with the other semi (naturally) and a bungalow next door. There are 3 parking spaces in front of the semis, and we were told we would get the two in front of 'our' house within the plot.
However, the plot in the legal report clearly shows that the parking spaces are not included- they are marked as 'communal', along with access to all three properties.
Furthermore, the company is in the process of being struck off (although their solicitors are saying this is being defended and they won't be).

Our solicitors have rightly asked what the plan is for this communal land, especially in light of the striking off proceedings- and no information, other than assurances that the company will not be struck off, has been offered.

So, I guess what I'm asking is how dodgy is this?
Is the worst that could happen that we don't own, and potentially aren't allowed to use, the parking spaces? I can't they'd be given planning permission to do anything further with it.

Any ideas?

nidO

This is something I would walk very, very far away from.

Leaving aside the business being struck off, if the parking spaces aren't in the plans they won't be yours, it might be perfectly fine that they're "communal" spaces but then it might not be, and assurances from the seller aren't worth jack.

G_M

'Struck off' what? The Medical Register? Do you mean they are being declared bankrupt?

Providing you Exchange contracts before their assets are frozen and taken over by, for example, The Official Receiver, then you will take ownership of....whatever the contract specifies.

Your solicitor is asking the right Qs about the parking area, but whatever the arrangement, are you happy about sharing these spaces (and perhaps not being able to use them) or is it a 'must have'? Your choice.

The issue is whether the matter can be resolved before the General Medical Council strike them off.... :rotfl:

firsttimeforeverything_2

Thanks for your reply.

I know, it's ridiculous! I need the seller to change the plot we get to include the parking spaces or we'll walk away.

I suppose I'm after whether there's anything more sinister I should be worried about in the seller retaining any interest in the land around the 3 houses- even if it's only the access way- can you think of anything?

paddy's_mum

firsttimeforeverything wrote: »

the plot in the legal report clearly shows that the parking spaces are not included- they are marked as 'communal', along with access

The question of access is far, far more worrying. What use a house when someone else can subsequently hold you to ransom to get to it?

If you are buying on a mortgage, the company won't let this bit pass them by and if your solicitor is even halfway competent, neither will he let you commit yourself to this.

It can be sorted but let your solicitor deal with the argy-bargy. Good luck.

firsttimeforeverything_2

Thanks G_M,

I mean struck off the Companies Register.

We don't have a car but I think it's madness not getting the space anyway- I'm hoping it's the seller seeing if he can get away with keeping some handy parking spaces, and so he'll back down once challenged.

firsttimeforeverything_2

paddy's_mum wrote: »

The question of access is far, far more worrying. What use a house when someone else can subsequently hold you to ransom to get to it?

If you are buying on a mortgage, the company won't let this bit pass them by and if your solicitor is even halfway competent, neither will he let you commit yourself to this.

It can be sorted but let your solicitor deal with the argy-bargy. Good luck.

Thanks. Is it possible for whoever retains the land to do what they want with it, even if it blocks access to other properties owned by someone else?

Mallotum_X

If the properties are owned by the company about to be struck off then it will get very messy unless you can complete before.

You may well have quite a strong hand here. Can you complete quickly? If so I would put an offer to them to complete quickly but your price includes ownership of the spaces.

firsttimeforeverything_2

Mallotum_X wrote: »

If the properties are owned by the company about to be struck off then it will get very messy unless you can complete before.

You may well have quite a strong hand here. Can you complete quickly? If so I would put an offer to them to complete quickly but your price includes ownership of the spaces.

We can complete very quickly- our mortgage lender need 3 working days and we're good to go with simultaneous exchange & completion.

Paddy's Mum, the lender hasn't said anything about the access at all.

G_M

If the spaces remain 'communal' then you will need a document that specifies

* who has rights to use them
*who has to maintain them
* who has to pay to maintain them (not the same)
* what they can be used for
* who can cross them (ie if access to the property is across them)
etc

our mortgage lender need 3 working days

Doubtful. Whatever document is produced to resolve the spaces will need agreeing by the lender

paddy's_mum

firsttimeforeverything wrote: »

the lender hasn't said anything about the access at all.

Do they know?

I'm fairly sure that your own solicitors have an implied obligation to inform the mortgage company if the issue looks to be threatening the safety of the financial transaction.

Your solicitor is the one to ask.