Leasehold flat / parking spaces

lankyslick

Hi

I was due to complete the sale of my flat this week, but my buyers solicitors have noticed that the parking spaces are on a different deed to my flat, and that the parking spaces were never transferred to my name. They won't proceed until this is sorted.

My solicitor suggested I get in touch with my original solicitor as they should have sorted this back in 2007 when I bought the flat. I have done this and they have claimed it is my fault as I should have spotted that the parking spaces were not included in the deed of my flat.

The sales particulars when I bought the flat clearly stated the flat came with 2 parking spaces, and I have been using these spaces for the last 8 years. I am fairly sure that I told my solicitors back in 2007 that it came with 2 spaces, but have no evidence to prove this, other than the estate agent sales brochure which I have kept.

I have no legal expertise so feel totally out of my depth here, any advice on whose fault this is (does the resposibility ultimately lie with me even though I have no experience when it comes to these deeds?) and any ideas how I can get this sorted as quickly as possible?

Many thanks

G_M

During the original purchase, your solicitors would at some point have sent you a copy of the Title, and associated Plan, for you to look at and approve.

Clearly the parking spaces would not have been on either the Title/Plan (snce you say they are registered seperately.

You should have spotted this and queried with your solicitor why the PS were not included. He would then have investigated and found the 2nd title.

Can you contact the previous owners? If they agree, they could now sign over the 2nd Title to you (or perhaps to your buyer...).

The alternative is to convince the Land Registry that you own the 2nd Title, but this might prove time-consuming and difficult.

artbaron

G_M wrote: »

Can you contact the previous owners? If they agree, they could now sign over the 2nd Title to you (or perhaps to your buyer...).

Not to the buyer! That would make for difficult circumstances if completion didn't occur!

Twiglet12

Are you certain that they should have been included in the deed to the flat, or did you just purchase a 'right to use' those spaces? We've just bought a leasehold flat and all the marketing material indicated that a parking space was included but it was only on receiving the deeds and plans themselves that it became clear it was a right to use an allocated space.

G_M

artbaron wrote: »

Not to the buyer! That would make for difficult circumstances if completion didn't occur!

Obviously the handover would have to be coordinated via solicitors. You're right it may be impossible but if feasible would save transferring twice