Disaster - Leasehold flat, but my allocated car parking not on deeds

hazyjo

Sounds like you just need a Deed of Rectification or Deed of Variation. Shouldn't cost more than a couple of grand max, surely?

No expert so maybe it's not as simple as it looks.

I had a similar problem when buying a house with 2 garages. Think it cost the vendors just over a grand to sort (and a bloody long delay!).

smoothound54

Thanks Hazyjo - will raise this with my solicitors too

bpj

Surely if the freeholder has sold a lease with the parking space they are obliged to provide it? Given they are also the freeholder for the car park this seems easy. Appreciate it might need some extra paperwork but again it seems to me this should be the freeholder's responsibility. Note this is based on zero legal knowledge, just on what seems fair.

Grumpy_chap

Is it possible that there are the deeds for the flat and a separate title for the parking space but both covered under one lease?  If it is a fairly new block of flats, that is not uncommon that the flats are sold and the parking space us optional for first purchaser.  If this parking space is removed from the OP's lease, who then uses the space that the OP has been using?

BernieW

The devil will be in the detail of the lease. It could well be you have a 'demised flat' that also "has exclusive use" of a parking space. The demised flat would show up on the leasehold title at HM Land Registry - but the 'use of parking' would not.
I'd be happy to read the lease and advise.

smoothound54

Thanks Bernie - thats a very kind offer and much appreciated. I am still awaiting the advice of the senior person. I will raise the concept you outline with them then and take it from there. cheers

fewcloudy

It would be interesting to hear what happened with this?

Hasbeen

fewcloudy said:

It would be interesting to hear what happened with this?

The majority of new OPs take the help and advice, but rarely come back with outcome that could help others in similar positions. 

smoothound54

Update....  and it took a lot of back-and-forth to resolve this  - causing needless delay for me .. Grrrrrrr...!!!!  .   Turned out the parking space is not exclusive in legal terms, but the right to use it is granted in the lease, just not exclusively (i.e. pedestrians can walk over it, and I cannot turf it and turn it into a garden - non exclusive) - apparently this is the usual situation for such allocated spaces - so the space does not figure in the apartment deeds to prevent its use for other than the purpose intended and to maintain public access (right of way)  - can't understand why it threw the purchasers solicitor - once explained to them - they eventually accepted our explanation without reserve -  So in SUMMARY  - it was a totally unnecessary, stressful and delaying storm in a tea cup -  cheers

pinkteapot

Very glad to hear it got sorted OP! 

More importantly... Has your sale since completed and have you moved?