Possibly missold property

gailscott66

My daughter bought a new build in July 2019. The property was sold with a parking space.  When the last owner moved in it became clear that my daughter's space now belonged to them. So she now has no parking space. All the other houses do. The builders, the estate agent and their solicitor say its not their problem. So who will deal with this issue? I have contacted the council but they are not sure if it is an enforcement or building regulations issue and are currently snowed under with more important cases. My daughter is at her wits end and I'm so angry because all she seems to do is cry., and as her mum I just want to help her.. can anyone give me any advice? 

CallMeMrs

What does her solicitor say? What does the planning application say?

user1977

When you say "sold with a parking space", what exactly was discussed during the conveyancing process? Did the contract say it came with a parking space? Did her solicitor know it was meant to come with a parking space?

Alter_ego

Is a parking space shown on the land registry?  Our's is  and it's remote from the house. How did it "Become clear"?

Natbag

If she owns it as part of her property, it will be on the deeds. You can request a copy online. If she owns it, then the neighbour has no right to park there, even if the space is closer to their house. But enforcing that will likely be a problem if the neighbour isn't willing to comply. 

SallyDucati

How did it become clear the space now belongs to someone else?  I suggest she checks the land registry title plan for her house and the other 'space owner'.  £3 each online direct from the land registry.  She should also have got a copy of hers as part of her legal pack from the conveyancer.

moneysavinghero

You could try referring it to the obmudsman.

Case study of a similar case:
https://www.tpos.co.uk/news-media-and-press-releases/case-studies/item/a-clear-description

But you may find that they say that your solicitor should have checked that the parking space belongs to you. In which case you may have to make a complaint against your solicitor if you believe your solicitor has been negligent.

princeofpounds

gailscott66 said:

My daughter is at her wits end and I'm so angry because all she seems to do is cry., and as her mum I just want to help her.. can anyone give me any advice? 

Instead of crying, she should go back to her solicitor and documents and work out what she has bought.

There are two ways she might own a parking space. One is direct ownership - the parking space will be on her title plan and referenced in the deeds. The other is indirect - she will have a right to parking on land owned by the developer (or whatever management organisation follows them), who will manage the parking and may have some discretion over exactly what is provided.

Her solicitor is the person who can help her with all of this, and I'm slightly mystified why you seem to have spoken to everyone except the one person who is supposed to guide her through the transaction.

Beyond that, lots of scenarios are possible. Worst case is that she did not tell the solicitor she was expecting parking, and did not check the plans or deeds she was sent. But it's also very possible that she does have a right to a space one way or another and simply isn't aware how to articulate or enforce that.

gailscott66

She has spoken to her solicitor, estate agents, development company, council and me. Her solicitor says that it comes under conveyance and that they are not conveyancers.  It seems that there are two sets of deeds, one with and one without the space and they had not realised that the deeds had changed. 

jimbog

gailscott66 said:

Her solicitor says that it comes under conveyance and that they are not conveyancers 

Who did her conveyancing?

teachfast

Go to the land registry, download the deeds, see if the parking space is on there. If it is then use it and put a parking pole thing in if someone else is. If it is not then she doesn't have one and I doubt there is anything much you can do about it at all. 

As an alternative you may find that a few polite convos with people around who own spots and maybe a few quid a month will get her somewhere she can park.