Solicitor made mistake in sale info any comeback

bobobski

It doesn't sound like it's the case here, but for others reading in a similar situation, it could be that the parking space is sublet, so even though included in the demise, the tenant would have no right to park there. Would still be a mistake by the solicitor though, not to report a sublease...

marksoton

bobobski wrote: »

It doesn't sound like it's the case here, but for others reading in a similar situation, it could be that the parking space is sublet, so even though included in the demise, the tenant would have no right to park there. Would still be a mistake by the solicitor though, not to report a sublease...

Maybe. But the lack of clarification here is key.

In writing ( What does that mean )
From whom
On what document

If i expected parking it'd be in the lease. End of. Anything else, forget it.

G_M

until the babe comes back we're all just guessing......

marksoton

G_M wrote: »

until the babe comes back we're all just guessing......

Given the OP's litigious posting history i'd suggest the thread has as much validity as a pile of equine defecation.

Especially as we're 18 months down the line and i've no idea who this supposed EA is!

londonbabe73

Apologies I'm not making myself clear

I live at number 1 there are 2 flats a&b. Number 1 adjoins number 3 which has a drive which number 1 has the rights to park on but does not own. Flat a holds the freehold of the building and conviently has 2 parking spaces I live upstairs And pay half the maintence charges yet I don't have any parking so it seems. What I believe happened was the solicitor assumed both leases on flat a,and b were the same and advised me that I had the right to park via email and helpfully attached a plan , I now know this was incorrect in fact it was the lease to flat a which has all the parking though historically there were 2 spaces one for each flat but some how the leaseholder changed the lease in 1985 and took away the parking which I presume the previously owner agreed to or didn't realise. I hope that makes it a bit clearer

londonbabe73

Ea is estate agent ??

Thrugelmir

londonbabe73 wrote: »

Number 1 adjoins number 3 which has a drive which number 1 has the rights to park on but does not own.

Are the rights in writing?

G_M

You need to answer the specific questions asked:

What Plan? title Plan? Lease Plan? Developer's Plan?

londonbabe73 wrote: »

Apologies I'm not making myself clear

I live at number 1 there are 2 flats a&b. Number 1 adjoins number 3 which has a drive which number 1 has the rights to park on but does not own.
* exactly how/where are these rights obtaind?
An informal conversation "yes you an park there for the time being."? or
* a formal lease on the drive? With/without terms?
* some other documented arrangement?
Flat a holds the freehold of the building and conviently has 2 parking spaces I live upstairs And pay half the maintence charges yet I don't have any parking so it seems. What I believe happened was the solicitor assumed both leases on flat a,and b were the same and advised me that I had the right to park via email and helpfully attached a plan ,
as asked by multiple people above, WHAT PLAN?
I now know this was incorrect in fact it was the lease to flat a which has all the parking though historically there were 2 spaces one for each flat but some how the leaseholder changed the lease in 1985 and took away the parking which I presume the previously owner agreed to or didn't realise. I hope that makes it a bit clearer

Not really.

But as we've all done so much guessing already, let me guess again.

Your solicitor's email attachment was of the LEASE PLAN for flat a) downstairs. It was not for either the LEASE Plan for flat b) which you bought, nor was it the TITLE PLAN for flat b).

You either did not look at the plan, or looked but did not check properly, so you failed to advise your solicitor that yours was the upstairs flat, flat b)

Yes?

londonbabe73

Hi it was a title plan and yes I told my solicitor it was for flat a and I was told that both leases would be the same format but surprise surprised they weren't .
The lease in flat a states they have the right to park 2 motor cars on the drive my lease says I have a right to pass over the area but parking is not mentioned in my flats lease

eddddy

londonbabe73 wrote: »

What I believe happened was the solicitor assumed both leases on flat a,and b were the same and advised me that I had the right to park via email and helpfully attached a plan , ...

That doesn't really make any sense.

Why would your solicitor assume that the leases to the two flats are the same?

More importantly...

...if you're buying flat b, where would your solicitor have got the lease and lease plan for flat a from?

The lease and lease plan come from the seller's solicitor. If the seller's solicitor sent the wrong lease and lease plan (which seems very unlikely), they are at fault - not your solicitor.


It seems very much like you have made some incorrect assumptions about how conveyancing works, and confused yourself (and everyone else) as a result.