Freeholder changed carpark layout without a deed of variation

[BatmanIsAScientist]

Hi,

We bought a leasehold flat a few years back and didn't realise in the process that the allocated car park designated in our lease and title deed didn't match the current layout. An honest mistake because the title plan is not particularly clear and they are broadly in the same spot although oriented differently.

This also wouldn't be a huge issue since the new layout does actually make more sense compared to what is designated in the title plan

The issue is our freeholder then subsequently converted an additional commercial unit in the building into another flat and added a car park to their title deed in the exact same place as ours and leaving the car park one space short.

He keeps claiming he is going to extend the area and change the lines but there has been no deed of variation at either point (which I understand is a requirement even in the first instance when he changed the layout).

So currently our space overlaps with what is supposed to be the parking space for another flat in the building.

I know the correct process is a deed of variation and to change the layout again which all leaseholders would have to agree to.

But I don't want to shoulder the responsibility (and cost) of this. Is the freeholder responsible for it?

Do we have any legal recourse against him?

Thanks

First step is to get the filed plans from Land Registry for your property and parking space and for the property and parking space for the other flat. https://www.gov.uk/get-information-about-property-and-land/copies-of-deeds

Then seek legal advice.

Thanks. Yeah I’ve already got the plans and had an initial conversation with a solicitor but they made it sound like it was a lot of hassle/cost so I didn’t proceed any further.

The state of property law in this country makes it easier to just sell the flat and pass the problem on to someone else.

@BatmanIsAScientist you may struggle to sell unless this is resolved. Unfortunately you accepted the layout not matching the filed plans when you bought but other buyers may not.

I can’t believe Land Registry have double registered the car parking spaces I.e. where they overlap.

It maybe worth talking to Land Registry to resolve.