Parking space in land registry

Jane2304

I bought a flat in 2007 which came with an allocated parking space. I put the property on the market last year and got a buyer however after much too-ing and fro-ing with solicitors I was advised that when I purchased it my solicitor at the time only registered the flat with land registry but not the parking space. I went back to the solicitor who told me they destroy records after 15 years and no longer have anything on file. And that was that from them, they just washed their hands and didn't accept any responsibility. I've been advised I need to contact the vendor who I bought the property from in 2007 but no trace of him can be found after 16 years, and in the event he's died what do I do then? 

Jenni_D

You might be better served asking an Board Guide Ambassador to move this to the Housing board. The folks there probably have more relevant experience than this Consumer Rights board.

https://forums.moneysavingexpert.com/categories/house-buying-renting-selling

MeteredOut

Jane2304 said:

I bought a flat in 2007 which came with an allocated parking space. I put the property on the market last year and got a buyer however after much too-ing and fro-ing with solicitors I was advised that when I purchased it my solicitor at the time only registered the flat with land registry but not the parking space. I went back to the solicitor who told me they destroy records after 15 years and no longer have anything on file. And that was that from them, they just washed their hands and didn't accept any responsibility. I've been advised I need to contact the vendor who I bought the property from in 2007 but no trace of him can be found after 16 years, and in the event he's died what do I do then? 

Have you asked the 2007 solicitor about how to raise a complaint with their complaints process and, if that does not achieve results, their regulatory body?

Have they acknowledged they did provide the service in 2007?

Grumpy_chap

Jane2304 said:

I bought a flat in 2007 which came with an allocated parking space. I put the property on the market last year and got a buyer however after much too-ing and fro-ing with solicitors I was advised that when I purchased it my solicitor at the time only registered the flat with land registry but not the parking space. I went back to the solicitor who told me they destroy records after 15 years and no longer have anything on file. And that was that from them, they just washed their hands and didn't accept any responsibility. I've been advised I need to contact the vendor who I bought the property from in 2007 but no trace of him can be found after 16 years, and in the event he's died what do I do then? 

Is there evidence of the parking space within the lease for the flat?

user1977

MeteredOut said:

Jane2304 said:

I bought a flat in 2007 which came with an allocated parking space. I put the property on the market last year and got a buyer however after much too-ing and fro-ing with solicitors I was advised that when I purchased it my solicitor at the time only registered the flat with land registry but not the parking space. I went back to the solicitor who told me they destroy records after 15 years and no longer have anything on file. And that was that from them, they just washed their hands and didn't accept any responsibility. I've been advised I need to contact the vendor who I bought the property from in 2007 but no trace of him can be found after 16 years, and in the event he's died what do I do then? 

Have you asked the 2007 solicitor about how to raise a complaint with their complaints process and, if that does not achieve results, their regulatory body?

Have they acknowledged they did provide the service in 2007?

And why can't the new solicitor provide advice?

theoretica

What does the land registry show for the parking space in question? 

outtatune

It's possible that you don't own a particular parking space, but instead the lease makes provision for you to be have access to a space as determined by the managing agent. 
What does the lease say?

MSE_ForumTeam5

Moved to housing board as suggested above

RHemmings

outtatune said:

It's possible that you don't own a particular parking space, but instead the lease makes provision for you to be have access to a space as determined by the managing agent. 
What does the lease say?

This was my first thought too. I can't see why the parking space would have to be included in the leasehold. Parking spaces can be demised (part of the leasehold that is purchased) or designated/allocated (not part of the leasehold that is purchased.) As @outtatune says - what does your (OP's) lease say? In the OP the word 'allocated' is used. 

If there a section of your lease describing the demised premises? And, does this include the parking space?

loubel

Have you checked the paperwork you were sent during the conveyancing? Back then I would imagine everything was posted to you hard copy so did you keep a file with this paperwork? 

If you can find out what was meant to have happened with the parking space it will likely make it easier to resolve things.

propertyrental

Reading the lease to see exactly what was demised to you is obviously the first step.

But if the parking space is on a completely separate Title (not uncommon) then did your solicitor at the time even know of the parking space's existence? If you never told the solicitor (and bearing in mind he would never have visited the site) he would not have known to look for a 2nd Title. What he would have done is send you the lease, and Plan, and ask you to confirm it included what you believed you were buying.