New purchase and parking dispute

Seanmac

Hi,
I recently bought a flat which was supposed to have secured parking. However, the estate agent did not show me the specific space when I viewed the property. I did not believe anything can go wrong with the parking space.

Now, I have completed the purchase and the parking lease points to a parking space with a number and I cannot find this anywhere. I contacted the estate agent and seller however, they are asking me to approach the developer who sold the space and resolve it. I am finding this quite stressful and feel I have been taken for a ride by the seller. It's likely that the parking space numbers have been amended in the parking lot and that may be the reason for me not being able to find the space. I feel being cheated. It was not fair on the seller to sell me space when they were not aware of its existence. The seller assured a secured parking space in legal documentation. I informed my conveyancing solicitors but do not know if they can do anything and haven't received any response yet. Any advice? 

Slithery

Seanmac said:

Now, I have completed the purchase and the parking lease points to a parking space with a number and I cannot find this anywhere.

Why can't you find it?

During your purchase you will have seen and signed a copy of the LR title for the space agreeing that it was what you thought you were purchasing. Was it there when you checked then but has now disappeared?

Seanmac

Slithery said:

Seanmac said:

Now, I have completed the purchase and the parking lease points to a parking space with a number and I cannot find this anywhere.

Why can't you find it?

During your purchase you will have seen and signed a copy of the LR title for the space agreeing that it was what you thought you were purchasing. Was it there when you checked then but has now disappeared?

I checked the whole parking lot and the number does not exist. It could be amended or stolen by someone else. I did not sign any specific document to confirm parking space as I never viewed it. The parking lease was provided by the seller's solicitors. I never checked the parking space before as I noted above. 

Slithery

Are you assuming that your car park space has the same number as your flat? This is very often not the case for security reasons. Ignore the numbers, where does the map on your title plan show that the space is?

Seanmac

Slithery said:

Are you assuming that your car park space has the same number as your flat? This is very often not the case for security reasons. Ignore the numbers, where does the map on your title plan show that the space is?

No, I am not. I am going by the parking space number quoted on the parking lease. I don't find the parking space number as shown by the map and some other numbers seem to be different from what is claimed on the map. They could have been amended or sold out. However, it's not my responsibility to go after suing people if they illegally occupied it during the seller's ownership (if that is the case). The seller sold it with false intentions. I just find it unfair.  

diggingdude

You need to chase it through the freeholder then I would have thought.

Side note to anyone reading, when you are likely making the biggest purchase of your life, check what you are buying exists 

davidmcn

Seanmac said:

Slithery said:

Are you assuming that your car park space has the same number as your flat? This is very often not the case for security reasons. Ignore the numbers, where does the map on your title plan show that the space is?

No, I am not. I am going by the parking space number quoted on the parking lease. I don't find the parking space number as shown by the map

Yes, but if it's defined as being the space outlined in red or whatever, that's your space - irrespective of what number is marked on the plan or in the car park itself. So, ignoring the numbers, can you find that space? If so, is anybody else using it?

Seanmac

davidmcn said:

Seanmac said:

Slithery said:

Are you assuming that your car park space has the same number as your flat? This is very often not the case for security reasons. Ignore the numbers, where does the map on your title plan show that the space is?

No, I am not. I am going by the parking space number quoted on the parking lease. I don't find the parking space number as shown by the map

Yes, but if it's defined as being the space outlined in red or whatever, that's your space - irrespective of what number is marked on the plan or in the car park itself. So, ignoring the numbers, can you find that space? If so, is anybody else using it?

What if anyone else is using it? does that become my problem then according to you? 

Slithery

Seanmac said:

davidmcn said:

Seanmac said:

Slithery said:

Are you assuming that your car park space has the same number as your flat? This is very often not the case for security reasons. Ignore the numbers, where does the map on your title plan show that the space is?

No, I am not. I am going by the parking space number quoted on the parking lease. I don't find the parking space number as shown by the map

Yes, but if it's defined as being the space outlined in red or whatever, that's your space - irrespective of what number is marked on the plan or in the car park itself. So, ignoring the numbers, can you find that space? If so, is anybody else using it?

What if anyone else is using it? does that become my problem then according to you? 

If you can locate it from the title plan then that's one problem solved - you now know where your space is!

If someone else is using it then just show them your title plan and ask them to move.

Seanmac

Slithery said:

If you can locate it from the title plan then that's one problem solved - you now know where your space is!

If someone else is using it then just show them your title plan and ask them to move.

What if they don't?

davidmcn

Seanmac said:

davidmcn said:

Seanmac said:

Slithery said:

Are you assuming that your car park space has the same number as your flat? This is very often not the case for security reasons. Ignore the numbers, where does the map on your title plan show that the space is?

No, I am not. I am going by the parking space number quoted on the parking lease. I don't find the parking space number as shown by the map

Yes, but if it's defined as being the space outlined in red or whatever, that's your space - irrespective of what number is marked on the plan or in the car park itself. So, ignoring the numbers, can you find that space? If so, is anybody else using it?

What if anyone else is using it? does that become my problem then according to you? 

No, I'm trying to help you work out which space is actually meant to be yours, since you seem to be having trouble figuring it out. Maybe copy the plan and relevant parts of the lease here and we can make more sense of it.