Buying a house with parking on Separate Title

MRKJ

After a long and tortuous search, we found a property, we offered the full asking price, but conveyancing taking ages and problems with the parking title. 

The house is an end-terrace victorian house, the neighbouring land next to the gable wall is also owned by the vendor who is a property company. The parking for the house is on this land, it was 3 parking bays. We got mortgage offer, searches and everything back, from my side we did everything. 

The parking was not on the title deed, as soon I had the initial title search done, I kept asking them about they said, it is sold with the house. Then communication stopped, I was given a very odd excuse, the property companies owners are retired in Barbados and their stepdaughter who deals with the sale is on holiday with them, the agent told me he sent her several emails and called many times but she never answered. This was the same excuse for 5 whole weeks, finally, I was told she is back in the UK and she can confirm the parking title will be split and sold with the house. That is now another 4 weeks, every week I call they say the vendor's solicitor is waiting for this document and that document etc. 

Today the agent says that it may take longer as the title deed where parking is, needs to be split and that they need the land registry to do this and it can take weeks or months. I can't wait that long, it was supposed to be chain free, the tenant moved out a month ago as well.

I told them to sell the house title deed with a portion of the land from the parking title deed as a separate land, agent said he will ask but he still thinks it will not happen soon. 

We are basically at the stage, if the vendor sends the proper parking land details we can exchange in a week, I don't understand the delay. 

Can someone guide me on how difficult is it to split a portion of a title deed and sell it with another title deed (the house), both owned by the vendor and are right next to each other? Does it take long ? does the Land registry need to be involved before the sale for this split, if so how long do they take to split the land?

  I appreciate your guidance, When I call them next I will be better prepared. 
Thank you 

user1977

Isn't your own solicitor giving you any advice?

MRKJ

To my incompetence, i have accepted an online solicitor recommended my mortgage advisor, she only responds when i send several emails, she is good in that she will do all the work quickly as such send the seller solicitor chasing emails etc when i ask for them, She is more like an admin not really advice person. 

Should they be giving me any advice on what to do? 

user1977

MRKJ said:

To my incompetence, i have accepted an online solicitor recommended my mortgage advisor, she only responds when i send several emails, she is good in that she will do all the work quickly as such send the seller solicitor chasing emails etc when i ask for them, She is more like an admin not really advice person. 

Should they be giving me any advice on what to do? 

Yes, that's really the point of having a solicitor - to give you advice, not just to act as a postbox. Have you actually tried asking them for advice? 

MRKJ

No i will email her today, but i am certain she will be no help. But i will email her tonight. 

Could you possibly offer some advice on my initial questions? 

canaldumidi

The agent is NOT the right person to deal with this. It is a legal issue, so your solicitor should resolve it.

From what I understand though, the Title for the parking  area includes 3 spaces. Are you expecting to buy/own all 3 spaces, or just one of them?

And does this title also include any other land? Or just those 3 spaces?

If the entire title is only for land/spaces that you are buying, then it is easy - your contract will be to buy two existing titles: the house and the parking.

But it sounds as if the title for the spaces has to be split because you are only buying part of it, either 1 of the 3 spaces, or because the title is for an area of land greater than just those 3 spaces.

Dividing an existing title into two takes time, so that explains the delay.

MRKJ

Thank you for your help, 

The title for the parking includes another 6 apartment complex (all under the vendors ownership, these are not sold) along with 13 parking spaces and shared driveway. 

There is also right of way for other neighboring properties on the drive way. 

We are supposed to get all 3 parking spaces, it's worth a fair bit of money for parking in London, hence the stress. 

The original explanation I was given is that the seller will transfer the 3 parking spaces to the house title deed first via land registry and then sell it to us. This could take months if land registry is involved.

I requested just transfer a portion of the title deed with parking spaces rather than waiting 
And I will own two title deeds in one sale

The house and the newly carved portion will have its own title deed automatically. 

But they seem to give me the impression this can't be done. 

I have emailed the lawyers, but I appreciate some guidance so I am more knowledgeable when I am dealing with either the lawyer or the agent. 

Is it not possible to split a portion of land and sell it with another house ? 

Section62

MRKJ said:

The original explanation I was given is that the seller will transfer the 3 parking spaces to the house title deed first via land registry and then sell it to us. This could take months if land registry is involved.

I requested just transfer a portion of the title deed with parking spaces rather than waiting 
And I will own two title deeds in one sale

The house and the newly carved portion will have its own title deed automatically. 

But they seem to give me the impression this can't be done.

Whichever way it is done the three parking spaces need to be split from the larger title.  That will (in the current circumstances) be the time consuming part.

INAL, but I think your only quick option around it would involve proceeding with the house purchase separately from the parking space purchase, with the vendors offering some form of promise/guarantee that the parking will be sold to you at an agreed price as soon as possible subsequently.  You'd need to make a judgement call on the value of that promise/guarantee... and a decent solicitor would probably advise you not to take that risk. (any lender involved is also quite likely to baulk at the idea)

MRKJ

Thank you for your help, 

Is it possible to give me an idea on how long this might take ? 

Does the land registry needs to be involved before the exchange. 

Can we not send the single sale details to Land registry after the exchange so it will registered to us after we move in, so we have some security of the transaction. 

Once again thank you for your help 

p00hsticks

MRKJ said:

Can we not send the single sale details to Land registry after the exchange so it will registered to us after we move in, so we have some security of the transaction. 

I suggest you post over on the Land Registry thread here to see what the Land Registry representative says;

https://forums.moneysavingexpert.com/discussion/5685941/land-registry-questions#latest

I believe that if an alteration is holding up a sale then it can be expedited, but I don't know if that includes splitting a title, which it sounds like what needs to be done in your case - I doubt that the  Land Registry will be able to handle transactions involving just part of a single title.

MRKJ

Thank you for your advice, I will post on Land registry website.