Parking space with leasehold flat - should it be shown on plan?

500pages

We're buying a leasehold flat in a converted property (one of three flats in the house). There is space for three cars at the front (one each). The three leaseholders all share the freehold.

Where does it need to say in the land registry / lease docs that we have a parking space in order for us to be confident that we do, in fact, have a space?

The Land Registry record of the Freehold title lists the three leases and says, for each: "...The lease also grants the right to park one motor vehicle on the forecourt of the building". The lease itself refers to a drawing from 1974 that's barely visible now but it also says "the right to park one motor vehicle...etc".

Our conveyancer says that the leasehold title plan should depict the parking space in red on the drawing of the property. Is that really the case? Does the reference to the parking space in both the lease and the freehold title not suffice? To me it looks like it would.

Any thoughts?

Thanks!

G_M

Your conveyancer is wrong. (I hesitate to say that about a professional, but...)

In many cases, the lease would show a designated parking space, and it would indeed be outlined clearly on the Plan.

In other cases, there may just be a general right to park on a 'first come first serve' basis. (though frequently the flat owners will informally agree who parks where.)

davidmcn

Do the deeds suggest there's a specific space allocated? Otherwise it sounds like there isn't - you can park one car on the forecourt, anywhere you like.

stator

It would be shown on the title plan if you owned the freehold to the parking space. If you just have the right to park in a specific space it might just be mentioned in the text of the lease. You'd want to make sure who owns the freehold of the parking area though.

G_M

stator wrote: »

It would be shown on the title plan if you owned the freehold to the parking space. If you just have the right to park in a specific space it might just be mentioned in the text of the lease. You'd want to make sure who owns the freehold of the parking area though.

Highly unlikely a leaseholder would own the freehold to a parking space.

As said, some leases would include a deisgnated parking space but this would be on the leasehold plan (which apparantly it isn't here).

As to the freehold to the parking area, this is almost certainly included in the property freehold (which in this case happens to be jointly owned by the residents), with each leaseholder having a general right to park a single car, just as they each will have a right to access/use the other communal areas of the building (hallway, stairs, landing, perhaps garden etc).

Land_Registry

As others mention a right to park would not be defined on the title plan itself so it is the lease and it's plan which would refer.

If an 'exclusive right' had been granted then this could be shown on the title plan but the register would also refer to it being exclusive - your quotation doe snot mention that it is so we can assume it is not.