I have a question regarding Transfer Deed and Covenants.

Basically I'm buying a house and the Land Registry show 2 car parking spaces that are part of my property but are listed in the Transfer Deed as being communal.

How can I own the property but not have the rights to park on it

Pic below!

 

find out when ownership changed hands fro being solely your property to shared
and who it's being shared with, comunal suggests it's the whole road

you can also do an online serch but your soliciter should be able to sort things out

 

from the pic it seems that the fence may be the problem, if it's on the way to the garden poerhaps thats why it's changed

 

The house is a quarter house (think semi-detacted but with another two identical houses behind).

Why is the fence a problem? Its the tarmac thats listed as parking with the 3 other houses.

Alex

 

i was assuming that the house and the fence and the parking was what you were on about
if it's not directly linked to the property it sometiems tends to be comunal, unles it's a row of garages wehre one is always yours and, in some houses i went to see, they also had hard standing for a car seperate from the house because there was no rear driven access to the property

 

 

nobody cares mate

they'll all give you grief at the pub meet tomorrow saying you should have done this and that

but if you are saying that the deeds say it belongs to the house then it belongs to the house, regardless of who can actually use it

they may have right of way that you can't block, but that would be soemthing completely different, our garden of the old house has a right of way clause for our neighbours so we effectivly lose the last 15 feet of the garden, yet we can't build on it as the nighbour has right of way to get to his garage so we are stuffed

i'm sure i know the answer to this as i was getting pretty clued up abut this stuff when we bought our house but the deeds will tell you everything you need to know, but you should have them going back as far as the original purchase recipt of the hosue so you can track what changed when and wehre and by whom etc

soliciter is the person you need to speak to really to solve this

 

hence the post title

 

We all know what sort of solicitors YOU want to visit Alex

 

Where you moving to petal? I hope it's nowhere near me.

Don't want your lot coming round here and devaluing the property.

I don't?

 

Basically if you have obtained a plan from the land registry and the parking spaces are showing on there as belonging to the property you are buying then you should have the seller's solicitors amend this on the transfer deed before it goes through I would have thought. Would be getting this sorted before any money changes hands.

 

And thats a legal begal talking - do as the girl says

 

Sounds like a similar case to when we had the garage built.

When our house was built the land at the side was communal, as the kids used to use our gable end as footy nets we got abit pissed off, so put a small fence around and maintained the grassed area.
The way I got told this by the Land registry in Lytham and the easiest way for me to explain on here is ...
If you adopt and maintain communal council land for a substained period of time you can then automatically lay claim to that land.

So if the previous owner has 'adopted' the second space then the property has claimed it, If the land registry documents show this then get the solicitor to sort it at their end.

 

This happens more often than you think as I found out after I bought my current house and have spent (to date) Ł55k+ on legal fees.

If the rights are obselete, the current owners can make an application to the lands tribunal to remove the restrictive rights. Also, do they pay a communal charge and who are the communal rights for?

Word of advice, do not pay anything until this is resolved - If you really want this house, bind the current owners to a contract which requires them to make the application to the lands tribunal and the sale will only occur upon the successful removal of the restriction.

 

mate im a conveyancing executive drop me a pm and ill talk you through the lot..

if you have a copy of the transfer to sign i could do with you telling me what the restrictive covenant is against it. otherwise what restrictions are in the office copies (the title document you have from the Land Registry)

ill sort ya out mate

 

infact... scratch that.. email me on my works address

bartons-1@hotmail.co.uk im on it all day

stef

 

That was my thoughts too!



Ste F,

You have emails



Thanks guys PF is just amazing

Alex