Legal definition of property right to use "shared parking"..

NickK

NickK

NickK

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13 Jan 2003
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Fun with parking..

We have the title plans for two houses - ours and next doors.

The houses sit, showing two garages and 4 parking spaces.

Now the title plans show:

Ours - 3bed - has the garage and the land going down to the road. So we have rights to park two cars in front of our garage.. and everyone has right of access to their parking over the drive attached to our house (I don't have a problem with that). The original selling statement indicates the inclusion of the right to use "the four shared parking spaces". Written in the seller's hand as part of the documentation. So to me - that's value associated with the house in the fact I can have people around and they can park..

Nextdoor - 2 bed - shows the their garage and two of the four car parking spaces. New neighbours have just bought and moved in - they're confident that the parking spaces assigned are theirs. So in short they have two parking spaces but also two parking spaces infront of their garage (the second would block the two other spaces). Hence they'd have 4 car parking spaces for a two bedroom house..

Now as far as I understand there's two points here - ownership and the right to use as defined by the contracts as part of the house.

Questions:
1) I have hold of the title plans - that's not a problem (you can get them from the land register online).. but how do I clear up the statement of "shared parking spaces" which I assume is part of a "right" defined in contracts for the houses?
I'm assuming we can contact the council to clarify the statement.

2) If there isn't a defined shared right on the spaces, and we have a document that states 'shared right' what's the likely hood if recovering money for a wrong description form the seller post sale?


My thinking here is that they have the ownership but there's rights associated with the houses to share those..

Anyone had something similar?
 
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Derek W said:
The older or 'original' title deed supersedes any subsequent title deeds.
Click to expand...

My thinking - i.e. the contract is specifically a transfer of ownership of the deed. The title plan is simply a graphic definition of the ownership - rather than indicating right - for example their plan does not show the right to access over my area shown on my plan.

I'll have to look for the title deeds.. we should have ours as part of the pack when we bought.
 
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But the LR title plan doesn't show colour on ours or the neighbours - only the boundaries of the property. If there's nothing in their deeds then they don't have permission to "cross man land" (farmer accent).

Seriously though - I think there will be a statement somewhere in the deeds it's just finding it.

edit: my english is getting really bad lol.
 
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Ok, update on this..

So through the land registrar you can request (via post) the deed for any house for £14.

The developer has a set of restrictive covenants as part of the main development, these then underpin the individual plot deeds that are sold - thus each owner is then bound by their own contract.. and to the original covenants.

So I got all the title plans for the houses near by - these show the inclusion of the plots and the parking spaces - including the visitors spaces. i also got the deed for next door from the land registry.

Now each house has, in it's deed, a clause of right to use any of the visitors spaces on a non-permanent basis. The deed indicates that the responsibility for upkeep of the visitors space is dependant falls to the house that includes the spaces in the title plan.
So no plot owns the visitor space for exclusive use - there's no update to indicate in the plans or deeds that any of the owners have purchased the spot for their sole use (i.e. this would result in both the developer and each of the houses with the right to use being compensated by the purchaser - if they agree to it in the first place).

Now after the initial "this is our space" that next door have indicated.. it seems to have fallen quiet. We know from talking to their estate agent that their interpretation also matches ours.. so we think that they've asked and been told :D

What is funny is that one of the landlords has rented his house with the explicit statement that the tenants have two assigned spots - this is incorrect and the owner has only the right to use the second visitor space but not as part of a rental contract..
Not the renter's problem and they're nice folks form the conversations I've had with them. I may put a shot across the landlords bows - just so he can't claim nobody complained or pointed it out (which can form part of a legal claim on the land if it goes on long enough).

In short.. it seems that everything is happy..

If anyone's interested: https://www.gov.uk/government/organisations/land-registry

Title Register - a short description and the land register unique number (needed for the title deed). Instant electronic download for £3 each.
Title Plan - a map with the plan indicating the plot and any areas, again instant electronic download for £3 each.
Title Deed - the full deed, ordered by filling out an OC1 form and posting it (you need the number in the title register). £14 gets you the full thing (including full plan etc) although you may be able to get just the deed with £7. You then, a week or so later, get a up-to-date paper copy. This has all the restrictive covenants that the owner has agreed to.
 
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