Deeds of ownership incorrect

[Noddy1990]

Hi,

So.... 7 1/2 years ago we purchased our new build house. We share a car port and have an off road parking space.

Long story short persimmon homes added another space in for our neighbour making the five gaps rather than four. We chased our solicitor a couple of times for updated deeds but these never materialised and annoyingly life got in the way, and we forgot to keep chasing.

Anyway fast forward to today and we have sold our house to a shared ownership company. Our new solicitor has noticed our off road parking gap isn't on our deeds, but is highlighted on a land management company. Meaning they wrongly own it purely down to incompetence and and a clerical error.

You can imagine our stress, worry and sheer panic. Our solicitor is in contact with the land management company to see what they want to do (awaiting response) we've contact our original solicitor.

Basically I was wondering if any legal minded people can answer a question that I have. Please don't laugh at the question to me this seems as morally correct, but I want to know if this has any legal backing to it.

So If we have paperwork that says we purchased a house with two spaces despite the deeds being wrong, does that mean we can go to the land management company who wrongly own our gap. and say to them you have acquired this land incorrectly so a transfer of ownership on the deeds has to take place?

Any sensible responses would be very welcomed

K

So the contract includes 2 spaces but the actual title includes 1?

Hi,

We purchased the house with 2 gaps but one is showing on the deeds of a land management company

Yes I see that
It is going to depend when it went wrong between when you 'purchased it with 2 'until you ended up with 1
Your paperwork should have a copy of the contract and the deed plan and a title report
It may simply have been an error when the deed was registered which would be the easyJet to resolve
If at the other end of the scale you thought you were getting 2 but the contract etc say 1 that would be more tricky
You original solicitor will have the information to assist

The issue is our original solicitor seemed so involved the car port (one of our parking spaces) she and persimmon homes appear to forget to mention the extra off road parking space.

What sort of paperwork would she have that would potentially prove ownership of this? And would this paperwork be enough to mend the deeds.

I know I may sound vague and ignorant but this truly is an area I have no knowledge of

It should be in the contract
So the contract would say something like description of property is plot x shown outlined in red on plan together with 2 parking spaces
Also on title plan and title report your solicitor would have sent you
Something like here my report on title and a copy of the title plan
You are buying plot x etc together with any common rights and the parking spaces shown outlined
Do you have any paperwork from when you bought

Did you use an independent solicitor and not just the one recommended by the Builders

Yes we do but I can't see anywhere in the file where it mentions the extra parking gap! We've been parking in this gap since day one without any issues.

I have just noticed our mortgage valuation report mentions 2 gaps. But that's all the paper work we've been able to locate that says anything.

We do have the original plans for the estate and it shows our house (plot 88) and the off road parking gap says (plot 88) but it isn't marked out in red

So the off road parking space is not on the deeds. Was it agreed originally that you would own it or that you would have a right to park on it?

Was sold as part of the house with persimmon homes

If it's not on the contract you could be struggling
I am not being cheeky but when you say it was sold by the builder what do you mean
Was it on any advertising material,or did the site office staff tell you or something else

Persimmon homes sales team told us. The only thing we can find that says anything about two gaps is in the mortgage valuation.

Some sales office staff will say anything to get a sale
This should have been picked up during the conveyancing process
It is very unlikely you will be able to get title now

" Noddy1990 Sun 27-May-18 11:28:07

Was sold as part of the house with persimmon homes"

That's not quite what I asked. Loads of places have an off street parking space which the house owner does NOT own and is not on the deeds as part of teh registered title. Instead you are given a right to park there - which is a kind of licence or permission with a space ear marked for you. Read your solicitor's report on title they probably sent you before you bought as it probably has a section on parking if that had been mentioned to them.

The one thing we do have is the original site plan which shows our plot number on the said parking space

Xenia we where sold the house with two spaces one being the car port it's just our solicitor never highlighted our ownership of tje said space in our deeds