Selling flat - dispute over car parking space

Trinity2104_2

I'm currently selling my flat and we've discovered there is an error on the lease plan which shows that the allocated car park space is the space outside my neighbours flat and not mine. There are only 2 spaces at the front and the other spaces are at the back which is a walk around the building, down the side road and out the back. In the past 28 years we owned the flat we always thought it was the one outside our flat (directly outside our bedroom) but because we never had a car our neighbour above has always used it but he has never asked us to move when we have parked in it.

The other space which turns out to be ours is outside my other neighbours bedroom window. All 3 flats plus another 4 are part of the same freehold and we all share the freehold.

My buyers have become really hung up about the space outside the bedroom and proof to show that my neighbour who is currently parked in there doesn't have that space allocated to him (so they want to see his lease). My neighbour informly has said its not on his lease, in fact he doesn't have a space allocated to him.

Can the buyers insist in seeing someone elses lease who is not party to my transaction? I have to exchange this week otherwise have been told I will lose the house I'm buying. Its been dragging for 4 months now and this is the final point. I also don't want to involve my neighbours in my transaction, seems ridiculous to me.

zarf2007

Trinity2104 wrote: »

I'm currently selling my flat and we've discovered there is an error on the lease plan which shows that the allocated car park space is the space outside my neighbours flat and not mine. There are only 2 spaces at the front and the other spaces are at the back which is a walk around the building, down the side road and out the back. In the past 28 years we owned the flat we always thought it was the one outside our flat (directly outside our bedroom) but because we never had a car our neighbour above has always used it but he has never asked us to move when we have parked in it.

The other space which turns out to be ours is outside my other neighbours bedroom window. All 3 flats plus another 4 are part of the same freehold and we all share the freehold.

My buyers have become really hung up about the space outside the bedroom and proof to show that my neighbour who is currently parked in there doesn't have that space allocated to him (so they want to see his lease). My neighbour informly has said its not on his lease, in fact he doesn't have a space allocated to him.

Can the buyers insist in seeing someone elses lease who is not party to my transaction? I have to exchange this week otherwise have been told I will lose the house I'm buying. Its been dragging for 4 months now and this is the final point. I also don't want to involve my neighbours in my transaction, seems ridiculous to me.

Surely it should be good enough for your solicitor to show the positioning of the parking space that is allocated to you and that should be the end of it, or do they specifically want the space to be outside your bedroom window? whether or not your neighbour has a space is not really relevant to your buyers as long as you have a space included in the sale.

I would give them a deadline and if they drag it past this week for exchange and you lose the property you are buying, on principle I would dump them and re-market the property. You would likely sell for more in the current market now anyway.

phill99

The flat that your buyers are buying is the one you're selling. It includes all that which is included in the lease that you are selling ie flat and parking space(s) as per the plans attached to the lease.

The neighbours lease or any one else's is completely irrelevant.

Your buyers can insist on what they want. Whether they get it or not is another thing.

Okydoky25

Anyone can buy these from the Land Registry. Cost I think about £4. I bought my neighbours years ago to prove to them which was their space after they insisted mine was incorrect.

propertyman

anyone can access any lease via HMLR online, however it is quicker for either of your solcitors to do this as they have immediate access

davidmcn

Just to clarify, is the space you actually own used by anyone? I can understand the purchasers' concern if the spaces have been mixed up and they end up having to evict someone else from your space.

Land_Registry

You can check a register online for £3 and apply by post for a copy of your lease for £7. Only the register and title plan are available to all via our website though.
Most conveyancing solicitors will have online access to our business eservices to request the same information at the same fee.

The buyers would be able to clarify what is registered and what rights to park etc the registered title has and by now you would perhaps have expected them to have done this?
They may of course also ask you for clarification of what has happened previously re the parking to help them understand what issues may arise as davidmcn suggests.