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Parking space problems
Comments
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Just to update in general here after OP DM'd me the details. A few key bits of info that might help with further posts and understanding
The developer used a transfer template to sell the various plots and spaces on the site - perfectly normal and sensible
The actual transfer plan on record is indistinct re parking spaces and markings. OP had not shared that image in original post but is aware as mentioned. Unsure where the first image was taken from but possible it was something the seller provided as part of the property information sheet completed.
Neighbouring properties/titles do have plot transfers with much better plans showing the developer's planned layout re numbering and spaces.
The V spaces are defined in the transfer as such but the only apparent mention is within the rights granted for each plot. Namely that each plot can allow their visitors to park in the spaces marked with a V (if any)
There are though no rights reserved re such spaces, which I might have expected for those plots sold inc such V spaces. The right for visitors to park in the V spaces seems clear if you take the wider view and accept/rely on other available transfer plans.
The 'argument' if any might be around property owners, not visitors, parking in the spaces as the right is quite clear that the right is to allow visitors to park there if the space is available.
Parking can be an issue for many and enforcing rights and any legal position is always tricky as cars and more move so are not permanently in situ (mostly). My advice is to keep talking to the neighbours and compare transfer plans to ensure that any quality transfer plans are compared for a shared understanding of where the V spaces are. Whether everyone inc visitors can agree to stick to specific spaces is another matter entirely of course
“Official Company Representative
I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"7 -
So the deeds map the LR has is also unclear as to whether this space has a 'V' marked on it, or any such reference made to it? Blimey.
Would anyone hold a clearer map?!
As to the info the vendor gave the OP, they said - in a recordable manner - "There are two spaces...". That, to me, is pretty unambiguous in meaning. To state, in the TA6, 'space' instead of 'spaces', could be a typo - it is completely ambiguous.
So, if the neighbours challenge this, sue the pants off the vendor.
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Would anyone hold a clearer map?!
Planning, possibly, as mentioned before in the thread. But not necessarily definitive.
As to the info the vendor gave the OP, they said - in a recordable manner - "There are two spaces...". That, to me, is pretty unambiguous in meaning.
Depends on context - for example the words which might come after your quote could be "one for exclusive use of the property, the other one is a visitor space".
The OP couldn't really rely on one conversation being unambiguous to dismiss the ambiguity of other information (the TA6). If a court is asked to determine liability they will consider all relevant information, and probably ask why the OP didn't query "space" on the TA6 at the time, given they seem to have found out about the issue not long after moving in.
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"So I only received all the documents the week before I actually moved in and I have a friend who used to work in the business of house builders buying land and had some knowledge so checked the documents for me.
He picked up on the part of the conditions that mentioned the visitor parking and was concerned that the copy was so faded that he couldn't see anything.
It was a bit late as we had exchanged contracts and were due to complete the following week but he told me to phone and raise it with my solicitor who was really rude to me and said he had rushed it through for me so I could complete and I didn't get any further than that.
By that time it was too late anyway."
This is what the OP wrote a few days ago so they knew there was an issue at the point of buying the property.
What a mess this is and I feel sorry for the OP who's trying to sort this mess out.
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anyone claiming to hold a map clearer than that registered with Land Registry would struggle to prove that their map was the correct definitive version. It would be too easy to mark up the registered map with any annotations you choose.
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Yes, of course it depends on the context, and it might have been followed by, "There are two spaces for you there, two more over here, and the whole street beyond is also yours."
Anyhoo, the important thing is that the OP says it's recorded in a 'text'. Whatever it was that was said.
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I'll leave it to the OP to comment fully as they wish
But if the TA6 referred to 2 spaces then that's accurate it seems as the property includes 2 spaces. It doesn't read on to say one's a V space for example or does it?
There are 'clearer' plans with other neighbouring titles. They can help understand the developer's intentions re plots, spaces and visitor spaces. But for some reason the OP's plot transfer is different re quality/clarity of the plan itself.
The plot transfers refer to the right of other plot owners to allow their visitor's to park in the V spaces if available. However they don't reserve the same right in the plot transfers that include V spaces, which is what some of you might generally expect
The OP now has additional information to hopefully enable them to have a positive conversation with the neighbour(s). They can also compare information, specifically the neighbour(s) own plot transfer(s) as appropriate, to understand how the registered information and rights work for example
In my experience there's often no simple solution to such matters as people park and cars move so nothing concrete to hang a legal hat on so to speak. But disputes and arguments are to always be avoided and a shared and better understanding might just help resolve any issues …….. until a new neighbour arrives and is given conflicting info?
“Official Company Representative
I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"3
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