Flaw in Land Registry Deed

firsttimebuyerproblems

Hi,
I'm in a process of buying a property which is a end terrace house. There is some land to the side of the property and is reserved for Parking and for now not being allowed to fence or build. That land is part of the property and clearly included in the house boundary. Now as looking at the original deed there is a clause which says that "you have a right to park on the said land and others to whom a similar right may have been granted". Why other people would be given rights to park on my land? Its not reserved for me so if someone else with similar permission parks his car there then I cannot ask them to remove it.

One my friend is also looking to buy a property in the same estate and guess what he has the rights to park there...my solicitor says there is not much you can do about that as others have right to use your land...

Is there anything I can do about it? Is it possible to gain the full rights of that yellow land? Solicitor says that in order to gain full rights of that land everyone who has such right will have to surrender their rights first before you can do what you want.

moneyistooshorttomention

What does it say in the paper info. re the property? - ie the Title Register, etc, from the Land Registry.

Personally - in your position - I'd be trying to find out exactly how restricted I am in the use of my own land, eg:

- Can I build an extension on it?
- Can I prevent other people using it for anything at all (including parking)?
- Can I use it as "garden"?

firsttimebuyerproblems

As per the land registry deed, that land cannot be fenced or cannot be build. It has to be used for parking.

This is written in my official land registry deed

"the right at all times and for all reasonable purposes connected with the use and enjoyment of any part of the estate in common with the transferee or his successors in the title the right to park on the land coloured yellow in common with all other persons to whom a like right has been or may hereafter be granted the transferee or his successors in title paying and contributing together with such persons who are now or may hereafter be entitle to such rights a fair proportion of the cost of repairing and maintaining the said land coloured yellow"


This is written in my friend's house deed

"the right to park on the land coloured yellow in common with all other persons to who a like right has been or may hereafter be granted the transferee or his successors in title therein paying and contributing together with such other persons who are now or may hereafter be entitled to use such rights a fair proportion of the cost of repairing and maintaing the said land coloured yellow"

moneyistooshorttomention

Admits this situation is a "new one on me" personally - ie land that's "yours" but with all those restrictions. It does rather sound like it's for parking only - and the best you could do is tell others "I have first dibs on it - because I own it".

It sounds rather like the best you can do is tell other people that try and use your land for parking that they will be "held accountable" for paying towards maintenance of it (eg the tarmac on it) if they insist on parking on your land.

Fingers crossed for you on this one....

Cakeguts

It doesn't belong to you the land on the side. It belongs to everyone who has the right to park there that is why your friend's deed says that they are responsible for part of the cost of maintenance of it.

The bit about not fencing or building on it is to stop the person owning the end house from trying to take over the communal car park because it is conveniently situated next to their house.

firsttimebuyerproblems

Thanks for your reply. Problem is this sounds very weird situation to me. I can only park if its free, its not reserved for me, i cannot build it or fence it but yet I own it. What is the benefit of owning it?

What if they park on the land but then don't pay the cost of maintenance? If I have to find out "Who grants that permission to others" then should I contact Local Council or Land Registry?

firsttimebuyerproblems

I do own it as my house boundary clearly shows it and solicitor has confirmed it as well. I'm unable to paste any link being a new user otherwise could have attached the site plan.

Land_Registry

Your solicitor's advice appears to be quite clear and correct so to release the rights of others you would have to identify which landowners have the benefit and get them all to agree and be a party to a legal deed to release/vary the right

Nothing to do with the Council and identifying who the benefiting landowners are would start with the original deed and go from there.

If those with the benefit refuse to help maintain it then forcing them to would be a matter of legal action on which your solicitor can also advise. Painful but only way usually although it reads as if they would be silly to refuse and risk legal action

Benefit to you? None I suspect other than you can park there but I suspect the developer simply took the view this was the best way to cover off everyone's parking and not have the hassle themselves of owning and maintaining the land. Their interest is developing the site, selling the plots and not retaining any ownership/responsibilities.

It reads as if it is clear cut as explained by your solicitor so all down to the buyer as to whether such a situation is a deal-breaker each time it is sold. So not a flaw but simply one way a developer deals with a development presumably with limited parking.

Richard_Webster

This kind of thing is very common.

Builders want to get rid of all the land on their estates to someone - so they pass the legal title to the house, garden and an extra piece if land used for parking or as an accessway. You own it but you cannot do much with it because it is subject to the rights of others.

Nothing more to it than that and there is no reason why you should have your title altered because that is the way it was meant to be.

firsttimebuyerproblems

Thanks for the help. One final question, please. So if I have to find out who else apart from my friend has the rights to park there. Who should I contact? Land Registry or Local Council? And can I directly contact them or will it be my or seller's solicitor?

G_M

There are two ways to find out who has the right to park there

1)
a) make a list of all the propertis in the street/area/development
b) purchase the Titles to each property (£3 each) from the Land Registry
c) read each title and see if it gives them the right to park there

2) find an original Deed created by the Developer (if one exists) granting each property rights - does your Title make reference to any Deed dated xx/xx/xxxx?

You could then contact each person you identify as having the right to park there and see if they are (all) willing to give up that right. Maybe offer them some compensation (£5K?).

Or pay your solicitor to write letters to each of them.

The arrangement is very common. It is not unusual for land you own to be subject to restrictions. eg Public Rights of Way; neighbour's right of access; prohobition against keeping goats - there are all sorts of examples. In your case it happens to be the right for neighbours to park there.