Parking not registered with house

greatcrested

heppers7 said:

You Sir/Madam/non-binary individual GreatCrested are a gem!!!!!! 

Definately binary. All newts are.

Well i thought it was going to solve it, but it hasn't..he only owns part of the land. Not where the bays are. Do we think this may cover it :  stated in the TP1.

Can't see the TP1.

So did you not find a Plan that incorporates the bay after all? It may of course be unregistered, but that seems unlikely given that a developer sold to the HA - how long ago was that?

heppers7

No it doesn't show. The land is just there.  The households use their numbered bay and that's how its always been.  The transfer deed when I bought the freehold states ' the rights to use the common parts for all purposes incidental to the occupation and enjoyment of the property.'   HA cant/wont find the original lease from when we were shared.  My sols say the only options are an indemnity policy to protect the owners against legal action for using the bay, or a deed of variation which is a long winded process involving all parties and their sols to write the deed they are all happy and agree to.  But if they go for that i'd have to drop out as i cant sit here forever waiting for that kind of document to be created. It could take months maybe even a year or so, certainly in this climate.  so basically I have to wait and see what they want to do, and that's that.   Nobody else buying in the road has every queried the parking. Here's the house, that's where you can park, happy days.  HA have never had to deal with it in 30 years!    Anyway,  I guess there's no more I can do to sort it.  Thank you for your help. We nearly nailed it.   

blue_max_3

I guess you could say you have use of the parking space. With no-one able to contradict that statement.

heppers7

Very true.... it’s never been questioned or contradicted - but would you buy that?  I probably would and obviously did. I never once gave any thought to the parking. It’s just there 

blue_max_3

heppers7 said:

Very true.... it’s never been questioned or contradicted - but would you buy that?  I probably would and obviously did. I never once gave any thought to the parking. It’s just there 

I bought my flat in 1988 and sold a couple of years ago. I was pulled up on the fact that the plan showed the floor area and just said 'plus back garden'. We had to get the plan with the garden drawn up and shown. Cost a few hundred quid. Pedantic I thought, but there was little choice.

heppers7

It all seems so pointless to me. There’s a bay with your name on it.  parking is free. Use it- don’t use it. Up to you!  But that’s not how the legal way is it.  We should have exchanged and completed back at beginning of April and still fighting to get there. Was so close. I’m resigned to it falling through now though. So back to plan b which I wish I’d stuck with in the first place! Lessons learned here for sure!