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Possibly missold property

2

Comments

  • pinkteapot
    pinkteapot Posts: 8,044 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    edited 22 May 2021 at 6:22AM
    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. 
    She should be speaking to her conveyancer. 

    Who is “they”? If her conveyancer has admitted that the deeds changed at some point to no longer include a space, and they didn’t bring it to her attention, then you’d have a case for a complaint against the conveyancer. If by they you mean your daughter then whether she has a complaint will hinge on whether she was told about the change. 

    As others have said, first she needs to buy the final deeds from the Land Registry website. Then she needs to go through EVERY piece of paper she received from her conveyancer during the process and see if she was sent the revised plans at any point. 

    And see if you can get her to comment on this thread herself, as if she’s upset you may be getting garbled information which will make it harder for people here to help.
  • Parking is on the property information form - what was written on that?
  • UnderOffer
    UnderOffer Posts: 815 Forumite
    Fifth Anniversary 500 Posts Name Dropper
    Did your daughter use the developer’s conveyancer? As others have suggested download from the Land Registry the title for your daughters property and neighbours and compare them both. During the conveyancing your daughter should have been provided a plan with a red line around the plot showing exactly what she was purchasing, this may have also included the parking space or could have been listed separately. Present this document to her solicitor (or neighbour directly) and start showing evidence of what you believe she bought. You will have to spend some money to get this resolved, but once it’s clear what she bought you can move forward with appropriate action. 
  • ampersand
    ampersand Posts: 9,674 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    pinkteapot has spotted it, too -
    " Who is “they”? If her conveyancer has admitted that the deeds changed at some point to no longer include a space, and they didn’t bring it to her attention, then you’d have a case for a complaint against the conveyancer. If by they you mean your daughter then whether she has a complaint will hinge on whether she was told about the change.'
    #
    Exactly this. 

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  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    I would also look at the planning as there should be information on the parking as part of that.

    Often they like to have the right number of space(max&min) for the property mix or good reasons to go outside there guidelines.
    The planning often identifies the actual space allocated and the shared ones  any changes needing a planning change.




  • Redwino222
    Redwino222 Posts: 490 Forumite
    100 Posts Second Anniversary Name Dropper
    I bought an apartment many years ago that had a car parking space.  I didn’t own it, but I had the right to park in that spot and there were also a number of guest spaces that all apartments had the right to park in.

    my solicitor (who did my conveyancing) spent ages explaining this and I had maps clearly setting this out. 

    Crying over this won’t help your daughter (what age is she?).  She need to establish where the ball was dropped - who knew what - and make complaints accordingly.

    You both seem overwhelmed by this situation - could you speak to an independent solicitor and get some advice on how to proceed?  They will look at the maps for you and get clear answers from your daughter and from the developer.
  • LHW99
    LHW99 Posts: 5,273 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    If your daughter has insurance for the apartment (as she should) check whether it includes a legal helpline. They could give some advice on issues like this
  • Gavin83
    Gavin83 Posts: 8,757 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    I’m a little confused by the setup of this. So there’s a bunch of houses around some communal parking? I’m assuming she doesn’t have a driveway? I also find it odd that every house other than hers has a parking space. Does every other house have exactly 1 space?

    I agree with the others anyway, ultimately as the first step she needs to check her deeds.
  • saajan_12
    saajan_12 Posts: 5,132 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Need some basic information, crying won't help. 
    1. What's the property set up - eg - flats or houses? Parking infront of each property, numbered spaces in a big carpark, or communal spaces? 
    2. Who did her conveyancing? eg developer recommended, or agent recommended? Usually this is the same person as the solicitor. (what did the solicitor do then?)
    3. Download the title from Land Registry. What does it cover? 
    4. Look at the documents from the conveyancer. What does the PIF say? Is there a lease and what does it say?
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