Ownership Issue

SierraPappa

Morning All

I was wondering if any of you could offer me some advice please.!

I bought a new build property in 2012.!

My property is the middle of 3 terraced houses. Next to the end terraced property are three garages and above these garages is a flat.!

One garage is mine, another is my neighbours and the third one is for the flat owner.!

6 months after completion, I received a letter from the home builder stating that they have given me use of the garage that's actually deeded to the flat owner and vice versa. In the letter, it states that they will contact the flat owner and we will be swapping garages. My wife then spoke to the sales director at the mentioned home builder. In a nutshell, he reiterated what was in the letter.!

It's worth noting here that the three garages are at an angle in relation to the road and therefore the first two have a driveway large enough to fit to cars, the third (end one) can only fit one. As you can probably guess, I've got the end one which is the smallest BUT I'm actually deeded the middle one.

So after I received the able letter, I waited for a couple of months but heard nothing back. I chased through my solicitor who was then told that the flat owner had objected and we would not be swapping garages but we would instead both be asked to sign legal documents whereby we are leasing each others garage for 999 years.

By this time, I'd been using the wrong garage for 12 months and although all my neighbours can park 2 cars on their driveways, it wasn't much of a problem. My wife would park her car on the road.

However, I asked that I be compensated for not being able to use the correct garage (and larger driveway thus more land) for what is now 2.5 years and I will sign. The builders solicitor refused and stated a clause in the documents I signed before completion where they are allowed to correct mistakes.!

My point however is to correct this mistake, they need to swap garages. By me signing a lease, it's not actually correcting the mistake.!

Last week, I also found out that the home builder was aware of the garage issue BEFORE completion but did not tell me. In an email exchange with the builders solicitor, he inadvertently told me that they themselves have email exchanges with the home builder about the garage issue prior to completion.!

Where do I stand with this? I'll be happy either way; whether we swap garages or whether I'm compensated.!

In retrospect, I should be studied the LR documents better because it does show me having the middle garage but I guess I missed that.

My current solicitor isn't unfortunately providing me with much help I feel. He's simply being the middle person in forwarding emails to both I and the builders solicitors.!

Apologies for the length of this but I think I had to paint a full picture so my situation could be understood.

!

Thanks in advance for any assistance.

G_M

What do your Title deeds at the Land registry say you own?

I'm guessing here, but probably you have two Titles:

1) a freehold property (the terraced house)
+
2) a leasehold garage

Correct?

Now examine the Title for the garage: how is it described?
Now examine the Title Plan for the garage: where is it located?

that's what you own and no one can make you alter that without either your agreement (for which you might want a compensation payment) or a hell of a legal battle (which is highly unlikely to happen).

Check Titles here.

The_Druid

I think you are making things unnecessarily tangled by potentially agreeing to exchanging leases (and asking for compensation). As and when you come to sell your house, this may put off buyers.

I suggest that you instruct your solicitor to take appropriate action to claim your own garage, making it clear that you will simultaneously vacate the garage which you are currently using. A firm and clear letter from your solicitor may be all that is needed to remind the flat owner that he is currently "squatting" in your property.

ognum

The_Druid wrote: »

I think you are making things unnecessarily tangled by potentially agreeing to exchanging leases (and asking for compensation). As and when you come to sell your house, this may put off buyers.

I suggest that you instruct your solicitor to take appropriate action to claim your own garage, making it clear that you will simultaneously vacate the garage which you are currently using. A firm and clear letter from your solicitor may be all that is needed to remind the flat owner that he is currently "squatting" in your property.

I agree, this is potential minefield when you come to sell. Insist this is sorted out as it should be as the deeds state. Builders can compensate flat owner if they wish but all you should be looking for is the garage that matches your deeds.

Go to a solicitor and get it sorted, don't brush it under the carpet again!

ognum

Another thought, you do not want to become the freeholder for someone else's garage and drive, there are potential maintenance and repair issues for someone else's property and you would have to deal with the other owner too.

It's a mess get it sorted correctly. I wouldn't buy a property with this kind of issue so resale will be a nightmare.

questionss

Do you also each own the land infront of your garages?

I'd be tempted to vacate his garage that you are currently occupying and begin parking my car on my land infront of my garage that the neighbour is occupying. Sending a solicitors letter asking him to vacate within 1week.