New purchase and parking dispute

Jeepers_Creepers

You have contents insurance, Sean? Any LP on that?

The parking space marked on your lease - can you ID that actual spot on the ground? Yes? Cool - that's yours.

If whoever is using that spot thinks it's theirs, then they need to show this to you on their deeds. If their deeds and the freeholder's 'records' are different, then that's between them and the freeholder.

Sympathise with them - say you understand it's a real hassle, but - sorry - the freeholder is wrong. You have looked in to this and it's the deeds wot counts. 

IAMIAM

Find the space, find the car, leave a note on car, repeat, then park there and see response. Once police/legal get involved it will more than likely be someone has nicked the space OR the space was sold by developer or flat owner to someone who wanted an extra space....usually happens....

Seanmac

Jeepers_Creepers said:

You have contents insurance, Sean? Any LP on that?

The parking space marked on your lease - can you ID that actual spot on the ground? Yes? Cool - that's yours.

If whoever is using that spot thinks it's theirs, then they need to show this to you on their deeds. If their deeds and the freeholder's 'records' are different, then that's between them and the freeholder.

Sympathise with them - say you understand it's a real hassle, but - sorry - the freeholder is wrong. You have looked in to this and it's the deeds wot counts. 

I have contents insurance but this is at my current rented place. I recently bought this place and still in the process to move so did not change the address on the contents insurance policy yet. 

Tiglet2

Could you post a photo of your Title Plan (the official one from Land Registry) and the excerpt from the Official Copy Register, where it describes the property in Section A The Property Register (with identifying features redacted)?

Barny1979

So you're stressing about something when you haven't even used the space?!

davidmcn

Barny1979 said:

So you're stressing about something when you haven't even used the space?!

Yep, despite the fact the subject line is about a "parking dispute", we're on page 6 and the OP hasn't even found their space yet, never mind figured out whether there's actually any dispute.

greatcrested

AAAAaaaagh!

greatcrested

Let's hope when OP finally finds the right space no one has buried a dead dog beneath the concrete....

Barny1979

Seanmac said:

Jeepers_Creepers said:

You have contents insurance, Sean? Any LP on that?

The parking space marked on your lease - can you ID that actual spot on the ground? Yes? Cool - that's yours.

If whoever is using that spot thinks it's theirs, then they need to show this to you on their deeds. If their deeds and the freeholder's 'records' are different, then that's between them and the freeholder.

Sympathise with them - say you understand it's a real hassle, but - sorry - the freeholder is wrong. You have looked in to this and it's the deeds wot counts. 

I have contents insurance but this is at my current rented place. I recently bought this place and still in the process to move so did not change the address on the contents insurance policy yet. 

Contents insurance won't cover you for this scenario, especially when it covers a different property.

Ditzy_Mitzy

I've read through all of this and the best sense I can make of it is as follows: @Seanmac is close to completing the purchase of a flat, leasehold we presume, located near a private multi-storey car park.  Demised to Sean, possibly under a separate lease, is one parking space in said car park.  Sean took this as read when viewing the property and did not make the usual enquiries with either the seller or the estate agent regarding the space, such as asking to see it and, even, having a test park in it to check it was suitable for his car.  
Sean has now exchanged contracts and is finally making the inquiries he should have made ages ago about the parking.  The freeholder of the car park has informed him that his parking space is space 'y'.  Sean believes, from looking at his lease plan, that it should be space 'x'.  This is, potentially, a problem as the records ought to match. 
Sean's first port of call is the car park itself.  He needs to find out if there really is a discrepancy, or whether he's simply misinterpreted the lease plan and his space is waiting for him where it should be.  If there is an error Sean should, I assume, reclaim space 'x' for himself as it is the one demised under the lease; the lease being more important than what the freeholder/freeholder's agent says.  The freeholder or its agent would then need to alter its own records accordingly to transfer the current, unsanctioned occupant (if any) of 'x' to 'y' or any other free space.  Sean could also complete a Deed of Variation to demise space 'y' to himself and forget about space 'x'.  
This will need sorting out, especially as freeholders are now starting to use private parking wardens in residential car parks.  Any discrepancies with records could lead to the issuing of parking tickets, which becomes yet another headache for all concerned.  
The time to have sorted this, with reference to the seller, was pre-exchange.  Now exchange has been made, Sean is committed to buying the place and this is now his problem.