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Parking space on plan but not registered

SunnyTikka
Posts: 6 Forumite

Hoping for some advice.
We are buying a house which has a separate parking space opposite it. On the plan included, the house is shown edged in red, and the parking space is also shown edged in red with the house number and P (House is 93, parking space is P93). The solicitor is saying that the parking space is not registered at Land Registry. The copy of the Registered Title says : 'Property Plot 93 Lake Estate. The property is identified on the attached plan and shown edged red on Plan 1'.
Vendors solicitor says this means parking space is included and registered. Our solicitor says not and the parking space has to be registered separately.
Can anyone advise? It seems there is a huge backlog if it needs registering and it could take months. Could our solicitors have it wrong and the property being edged red DOES mean the parking space also? What's the risk of just continuing?
We would be grateful for any insight.
We are buying a house which has a separate parking space opposite it. On the plan included, the house is shown edged in red, and the parking space is also shown edged in red with the house number and P (House is 93, parking space is P93). The solicitor is saying that the parking space is not registered at Land Registry. The copy of the Registered Title says : 'Property Plot 93 Lake Estate. The property is identified on the attached plan and shown edged red on Plan 1'.
Vendors solicitor says this means parking space is included and registered. Our solicitor says not and the parking space has to be registered separately.
Can anyone advise? It seems there is a huge backlog if it needs registering and it could take months. Could our solicitors have it wrong and the property being edged red DOES mean the parking space also? What's the risk of just continuing?
We would be grateful for any insight.
1
Comments
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If the Title Plan has a red line around the property and the parking space, then both property and parking space should be listed on the Register of Title (A. Property Register). Can you check the wording on the Register of Title in Section A and see if the parking space is mentioned there? If the parking is not mentioned on the Register of Title, then your solicitor is right. If it is mentioned, then the vendor's solicitor is right.
The risk is that you could be buying a property without a parking space and you could have the same problem when you come to sell in the future.0 -
SunnyTikka said:We are buying a house which has a separate parking space opposite it.
Is this a New Build?
On the plan included,
What 'Plan'? Land Registry Title Plan? Developer's Plan? Plan attached to Contract@ Something else?
the house is shown edged in red, and the parking space is also shown edged in red with the house number and P (House is 93, parking space is P93). The solicitor is saying that the parking space is not registered at Land Registry. The copy of the Registered Title says : 'Property Plot 93 Lake Estate. The property is identified on the attached plan and shown edged red on Plan 1'.
If the Plan (see above) showing these two areas edged in Red, is the Lnd Registry Title Plan, and the Land Registry Title says exactly what you quote above, then clearly the parking space is part of the overall registered Title for the property and does not need to be registered seperately.Vendors solicitor says this means parking space is included and registered. Our solicitor says not and the parking space has to be registered separately. Either the 'Plan' is not the registered Land Registry Title Plan, or your solicitor is a numpty.
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Thanks folks, I've found a bit more out. The original LR title plan showed both house and parking space edged in red. By the time we got to current dates it is several purchasers later and now the LR title plan shows house only and parking space not in red. hence why the solicitor has said the vendor has to register it before we can buy.0
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Well there you go. Looking at a LR title that's not current (not even sure how you did that!) is meaningless.Strange that the parking space has been removed. That suggests a previous owner sold it, but in that case it would already have it's own title (or be incorporated into another property's title) and not be now owned by your seller.Are you sure it's not registered? Do a 'map enquiry' here to identify all the adjascent/local titles.0
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If it was registered then it must still be registered, but under a different title? Whose, though?1
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