I’ve completed on a purchase but I discovered that a garage has not been transferred to me

gun_raider

Hi guys

I have recently purchased a share of freehold maisonette. I was talking to the other cofreeholder today and she mentioned that I should store stuff in my garage in the convo (i had no idea I even had a garage)

I done a search on land registry and a “Garage” came up that was attached to my address with a title and a plan.

I cannot see anywhere in my lease mentioning a garage and or the title plans for the maisonette having a garage.

I think the garage might be registered separately but who knows.

Has anyone had something similar here? My plan is to get in contact with my solicitor but the problem is money is a bit tight after the purchase so I’m hoping any other legal work isn’t too expensive. 

Slithery

Did you ever think that you were buying a garage as well?

The previous owner may have decided to just keep it for themselves and only sell you the leasehold and share of freehold for the masionette?

NameUnavailable

I guess that the OP has said they had no idea there was a garage would suggest that they didn't think they were buying a garage.

Either it's an oversight on the sellers part, or they decided to keep the garage for themselves.

Check your lease - does it mention a garage at all? Is someone using the garage?

gun_raider

This purchase was a grant of probate purchase. The seller (deceased) had the solicitors as the Executors of the property. Could it be possible they weren’t aware?

I can’t see a garage being named anywhere in the lease.

edit:

no one is using the garage, it looks like it hasn’t been used for years (the paint has all gone and it’s starting to rust whereas the garage for downstairs is painted and shiny)

also, the land to get to the garage, only the maisonette and the house on our right has right of way to use that path.

Tiglet2

Sounds like the garage is registered under a separate title. 

The solicitors acting as Executor probably had no idea that there was a garage that this property owned or used. 

If you go on to the HM Land Registry site and do a Map Search, you should be able to find the title number for the garage. 

Once you have the title number, download a copy of the deeds and plan (£3 each) and it will tell you the name of the owner.  If it is in the name of the deceased seller, then start a new transaction with the solicitors acting as Executor.  It will certainly cost you some additional conveyancing fees, but also consider whether the family of the deceased want additional money for the purchase, or did they think it had been included when you bought the property?

Countrysider

gun_raider said:

This purchase was a grant of probate purchase. The seller (deceased) had the solicitors as the Executors of the property. Could it be possible they weren’t aware?

This is off-topic, but i'd be very interested to hear your experience when buying a property where the solicitors were acting as executors for the deceased. I am interested in a property where this is the case and I've found the solicitors to be dithering, having sat on the property for 7 years and making only token efforts to sell. Was this your experience? 

theoretica

If the garage is on the land registry, does that deed say who owns it?  Is the other garage mentioned on the other maisonette's lease? 

Carrot007

Ex council?

Around here there are some garages on a seperate plot that the council still own and the keys get passed from old owner to new. They are however the councils to do with as they please if they eer wanted to.

lookstraightahead

Do a land registry check. When I recently purchased a house I noticed that it only came with half the garden (thankfully in time). The other half was a separate title deed.

If it is separate, then you haven't bought it (I believe).

lookstraightahead

theoretica said:

If the garage is on the land registry, does that deed say who owns it?  Is the other garage mentioned on the other maisonette's lease? 

Good point look at the deeds for the other maisonette 

gun_raider

No the property is not ex-council.

One of the garages is mentioned in the titles for the other co-freeholder.

It's a bit of a strange situation because I just paid for the titles on land registry and it seems to be registered to the second house to us from the right (It would seem they sold the garage off separately in January of this year, so it makes sense as to why the other freeholder thought I had had access to it because she's seen the previous owner of my maisonette use the garage).

The thing I'm confused about now is I don't think they have right of way to get to the garage (it's me, the other cofreeholder and the first house on our right who does). I will get an old friend who is a solicitor to double check my lease and the titles for me free of charge to confirm.

@Tiglet2 thanks for the comment, really helpful!

@Countrysider The maisonette was on sale 2 months after the passing of the previous owner. The solicitors were very slow in their work however. It took them 7 months to complete the LPE1 form for instance.

Thank you for your help guys!