Parking not in deed

hippocrates1

The draft contract says the allocated parking bay isn’t highlighted in red. Do you think this is something can that will get sorted out? It literally has the house number painted on. 

theartfullodger

Sorted yes, but perhaps without right to park there. Forcefully explain your position to vendor, agent band solicitors (calm, polite, but forcefully)

steampowered

This is normal. The parking space is often held under a separate lease or a separate right to park.

Parking spaces are often not part of the main property title which is registered at the land registry, so won't be shown on the red highlighting on the plan for the main property.

hippocrates1

steampowered said:

This is normal. The parking space is often held under a separate lease or a separate right to park.

Parking spaces are often not part of the main property title which is registered at the land registry, so won't be shown on the red highlighting on the plan for the main property.

That’s helpful thank you! So do you think I will legally have a parking space?

wilfred30

My allocated parking space has its own separate Title so you need to ask if that's the case with yours.

princeofpounds

There are two types of parking you can have on a development. One is where you own it, as you would your property (leasehold, presumably?).

The other is where the development owns the parking and runs some kind of management scheme. The management company will therefore allocate parking. You appear to have this kind of scheme.

There will usually be some kind of commitment to provide the parking, such as a term in the lease agreement (there really should be, otherwise you are guaranteed nothing!). But often there are also terms allowing the management company a great degree of flexibility over where the allocated space is, and how the parking is managed.

So we have had instances on this board where people complete on the property and then find out that their allocation has changed from the best parking spot to the worst. Or, the management company bring in a control system with an annoying PPC (fake traffic wardens if you haven't come across them), and attempt to charge for visitor permits or fobs. 

To be fair, I think most allocated parking schemes work out ok, but you only know when everything has settled.

One thing I do know - the number painted on the floor means precisely zero. Make sure you have the legal structure you need.

hippocrates1

princeofpounds said:

There are two types of parking you can have on a development. One is where you own it, as you would your property (leasehold, presumably?).

The other is where the development owns the parking and runs some kind of management scheme. The management company will therefore allocate parking. You appear to have this kind of scheme.

There will usually be some kind of commitment to provide the parking, such as a term in the lease agreement (there really should be, otherwise you are guaranteed nothing!). But often there are also terms allowing the management company a great degree of flexibility over where the allocated space is, and how the parking is managed.

So we have had instances on this board where people complete on the property and then find out that their allocation has changed from the best parking spot to the worst. Or, the management company bring in a control system with an annoying PPC (fake traffic wardens if you haven't come across them), and attempt to charge for visitor permits or fobs. 

To be fair, I think most allocated parking schemes work out ok, but you only know when everything has settled.

One thing I do know - the number painted on the floor means precisely zero. Make sure you have the legal structure you need.

Very useful thank you. The house is a freehold if that changes anything. The development was completed several years ago.

gingercordial

Sometimes the number doesn't even match the house/flat, so don't rely on it.  There are good reasons for this - sometimes because the spaces aren't one per property, so might not match up if some properties have three and others none, or were allocated in a completely separate process or have changed hands.  In other developments it is because there's a perceived security risk - they think a burglar could look at the car park and deduce that flat 3 aren't home as the car is gone (how would he know if flat 3 even owned a car, or if another resident isn't home?) - so the numbers are deliberately mixed up.

hippocrates1

gingercordial said:

Sometimes the number doesn't it even match the house/flat, so don't rely on it.  There are good reasons for this - sometimes because the spaces aren't one per property, so might not match up if some properties have three and others none, or were allocated in a completely separate process or have changed hands.  In other developments it is because there's a perceived security risk - they think a burglar could look at the car park and deduce that flat 3 aren't home as the car is gone (how would he know if flat 3 even owned a car, or if another resident isn't home?) - so the numbers are deliberately mixed up.

I’m sorry but I don’t believe people get the wrong parking numbers. Who’s to say the house pretending to be you will have their car in the drive. Doesn’t make any sense.

princeofpounds

hippocrates1 said:

princeofpounds said:

There are two types of parking you can have on a development. One is where you own it, as you would your property (leasehold, presumably?).

The other is where the development owns the parking and runs some kind of management scheme. The management company will therefore allocate parking. You appear to have this kind of scheme.

There will usually be some kind of commitment to provide the parking, such as a term in the lease agreement (there really should be, otherwise you are guaranteed nothing!). But often there are also terms allowing the management company a great degree of flexibility over where the allocated space is, and how the parking is managed.

So we have had instances on this board where people complete on the property and then find out that their allocation has changed from the best parking spot to the worst. Or, the management company bring in a control system with an annoying PPC (fake traffic wardens if you haven't come across them), and attempt to charge for visitor permits or fobs. 

To be fair, I think most allocated parking schemes work out ok, but you only know when everything has settled.

One thing I do know - the number painted on the floor means precisely zero. Make sure you have the legal structure you need.

Very useful thank you. The house is a freehold if that changes anything. The development was completed several years ago.

Well, it's still possible to have managed parking schemes with a freehold property, but less common (though for developments in recent years it's much more common than it used to be). 

The other possibility is that you down own the parking space, but it's on a separate title you haven't seen yet. Not likely, but possible.

Given you appear to have access to the title plan and therefore the deeds as well - is there any mention of parking at all in the deeds text?

davidmcn

hippocrates1 said:

gingercordial said:

Sometimes the number doesn't it even match the house/flat, so don't rely on it.  There are good reasons for this - sometimes because the spaces aren't one per property, so might not match up if some properties have three and others none, or were allocated in a completely separate process or have changed hands.  In other developments it is because there's a perceived security risk - they think a burglar could look at the car park and deduce that flat 3 aren't home as the car is gone (how would he know if flat 3 even owned a car, or if another resident isn't home?) - so the numbers are deliberately mixed up.

I’m sorry but I don’t believe people get the wrong parking numbers. Who’s to say the house pretending to be you will have their car in the drive. Doesn’t make any sense.

Well, for whatever reasons, the parking space numbers aren't necessarily going to correspond with house numbers. There might not be the same number of parking spaces and houses, or spaces might have been traded between neighbours.