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Parking not in deed

13»

Comments

  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Not to put too fine a point on it, you're paying your solicitor to advise you on all of this - so get your money's worth and ask them!
  • hippocrates1
    hippocrates1 Posts: 354 Forumite
    100 Posts Second Anniversary Name Dropper
    davidmcn said:
    Not to put too fine a point on it, you're paying your solicitor to advise you on all of this - so get your money's worth and ask them!
    To be fair I have sent them the question. But solicitors always respond in vague wish washy long words. I will see what they say.
    DIP 09/02/21
    Offer on property 17/02/21
    Offer accepted 18/02/21
    Mortgage application submitted 22/02/21
    Desktop valuation 22/02/21
    Mortgage offer received 22/02/21
    Solicitor instructed 23/02/21
    Draft contract received and enquiries sent 02/03/21
    searches back 08/03/21
    Enquiries back 10/06/21
    Exchanged 23/06/21
  • hippocrates1
    hippocrates1 Posts: 354 Forumite
    100 Posts Second Anniversary Name Dropper
    davidmcn said:
    Not to put too fine a point on it, you're paying your solicitor to advise you on all of this - so get your money's worth and ask them!
    Solicitor didn’t not answer my question 😂 just said we will advise when we hear back from the vendor. 
    DIP 09/02/21
    Offer on property 17/02/21
    Offer accepted 18/02/21
    Mortgage application submitted 22/02/21
    Desktop valuation 22/02/21
    Mortgage offer received 22/02/21
    Solicitor instructed 23/02/21
    Draft contract received and enquiries sent 02/03/21
    searches back 08/03/21
    Enquiries back 10/06/21
    Exchanged 23/06/21
  • Land_Registry
    Land_Registry Posts: 6,212 Organisation Representative
    Part of the Furniture 1,000 Posts Name Dropper
    Slithery said:
    Thank you for the help much appreciated. I bought the plan. Parking is in the groove by the arrow. The red is the developer. The road is council owned. No service charge etc. Does that mean the parking space is owned by the developer? What implications could this have?
    Yes as the land is within the red edging but not in any green edging, which shows what’s been removed from the title. 
    Reads as if the seller is saying they have allocated/always parked there parking. They don’t own it but their deeds may refer to them having an allocated space. 
    If they don’t and it’s an always parked there scenario rectification seems very unlikely. If the developer is willing to transfer ownership to you or give you a right to park there they may be better options. But all depends I guess if you want to own it, have a defined right to park or take your chances thinking it’s allocated to your property?  
    But your solicitor is on the case for you so wait and see what’s on the table after the seller has confirmed matters 
    Official Company Representative
    I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
  • hippocrates1
    hippocrates1 Posts: 354 Forumite
    100 Posts Second Anniversary Name Dropper
    Slithery said:
    Thank you for the help much appreciated. I bought the plan. Parking is in the groove by the arrow. The red is the developer. The road is council owned. No service charge etc. Does that mean the parking space is owned by the developer? What implications could this have?
    Yes as the land is within the red edging but not in any green edging, which shows what’s been removed from the title. 
    Reads as if the seller is saying they have allocated/always parked there parking. They don’t own it but their deeds may refer to them having an allocated space. 
    If they don’t and it’s an always parked there scenario rectification seems very unlikely. If the developer is willing to transfer ownership to you or give you a right to park there they may be better options. But all depends I guess if you want to own it, have a defined right to park or take your chances thinking it’s allocated to your property?  
    But your solicitor is on the case for you so wait and see what’s on the table after the seller has confirmed matters 
    Super helpful thank you!
    DIP 09/02/21
    Offer on property 17/02/21
    Offer accepted 18/02/21
    Mortgage application submitted 22/02/21
    Desktop valuation 22/02/21
    Mortgage offer received 22/02/21
    Solicitor instructed 23/02/21
    Draft contract received and enquiries sent 02/03/21
    searches back 08/03/21
    Enquiries back 10/06/21
    Exchanged 23/06/21
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