Parking not in deeds

aneary

Can the deeds be amended (at the vendors cost) if they are incorrect?

david1951

Parking should be in the lease or the land registry docs. Most likely it will be the lease, which typically shows the boundaries between the flats, and highlights any parking spaces on shared ground. The Land Registry might only show the boundary of the entire house (although I'm not certain on that).

If this is a deal-breaker then say you need to see the lease (i.e., proof of parking) before moving forward.

If it shows parking, great. If not, say that you will have to pull out until it does.

You solicitor may be nice and not charge you the full £500 if you pull out.

DumbMuscle

aneary wrote: »

Can the deeds be amended (at the vendors cost) if they are incorrect?

You can ask. You may well just incur more costs, only to find that the parking is already spoken for by a different property, and can't be added to the deeds/lease of the one you are buying.

aneary

It's not a plan, it's actually written in the freehold title Register.

Under the charges register the schedule of notices of leases it states
1. Flat 4 (First Floor) and parking space
2. Flat 2 (Ground Floor) Parking Space and garden ground
3. Flat 3 (First and Second Floors)
4. Flat 1 (Ground Floor)

Flat 3 is the one I'm purchasing.

G_M

I assume youve checked both the lease , and the leasehold Land Registry Title, for flat 3.

If the property does not have parking, you have three choices

1. buy the property knowing parking is excluded, at the original price
2. buy the property knowing parking is excluded, at a reduced price
3. Find another property
4. ask the seller to get the freeholder to amend the lease to include parking

I) above appears inaapropriate given your circumstances.
4) is unlikely to happen, and if it did would take months.

Which leaves 2 or 3.

This is why there is a process of investigation of Title during conveyancing. To confirm things like this.

DumbMuscle

Do you have a copy of the lease itself? If it disagrees with the register, then you might be able to get it amended. If not, then it would take the agreement of the leaseholder and the current owners of flat 4 or 2 to get parking. Either way, it's likely to require a fair chunk of extra legwork to get sorted - which will either cost you more, delay the purchase, or both.

aneary

The lease itself mentions parking.

It says - flat 3 on the first and second floors of the building known as 'address' together with the parking space both shown for the purpose of identifcation edged red on the plans annexed herto

G_M

aneary wrote: »

The lease itself mentions parking.

Well that is what you are buying! The lease.

What exactly does it say?

aneary

but the freehold title register is different.

HouseBuyer77

Different how? As in the land shown in the lease for parking is not in the boundaries of what the freeholder owns as shown on the land registry title plan for the freehold?