Right to Park ...now being taken to court

[EmmaBolton]

Hello all

I purchased a flat which is part of a crescent of flats above retail units with a parking area in the middle. Two of the flats and the parking area was owned by one person under one LEASE and the other properties were owned by another party. I purchased my flat with the belief that I had parking rights in the courtyard in the middle. My solicitors confirmed this and it was also stated in the lease.

Soon after moving in I was finding it difficult to park my car in the courtyard. So I went to the person I purchased the flat from and asked for an allocated parking space. I was then informed he no longer owned the parking courtyard as he had sold it to the owner of the other properties 10 years ago. Apparently his property was split into three leases – one for each flat and one for the parking area under a “Deed of partition”.

I stated that there was no “Deed of partition” at the Land Registry otherwise my solicitors would have found it and told me and I would have not purchased the property. He told me there was nothing he could do and gave me the contact details of the owner of the flats in the complex.

After contacting the new owner he also told me I could not park there and again I stated I have parking rights in my lease but he would not back down.

Soon after he started court proceeding against me but I can find no evidence of the “Deed of partition” so I feel as my lease is the only legal document registered at the Land Registry it should take precedence. He has also decided not to present the “Deed of partition” at the County Court hearing so I am sure it does not exist.

The case has been going on for about a year now and he has moved the dates of the hearing and the location. The hearing is now in three weeks time and all evidence has been submitted and accepted by the court many weeks ago. But suddenly he has submitted a Witness Statement from the previous owner stating that the property was split up under a “Deed of partition” and it also states that he is too old to attend court.

My questions are:-

1) If property documents are not registered at the Land Registry can they be legally binding?

2) I only brought the property because I could park my car. So if I can’t, what recourse do I have left – can I sue my solicitors who oversaw the flat purchase.

3) Can this Witness Statement be accepted at such a late stage in this matter? As if it was produced earlier I may have not have continued to this point.

4) I don’t want to force the old owner to attend court but if his statement is deemed crucial then surely the court will need to cross exam him – is this correct?

5) I am using my building insurance to cover my costs so far. Are there any other options to use if the costs surpass my limit?

6) If I pull out now will I have to pay both parties costs or just my own?

This case has been going on so long now and has been extended several times by the other party that if I lose it will cost about half of what the flat is worth!!

I am sure the other party has been playing games and forcing this matter to be stretched out to make me pull out and the last minute production of the Witness Statement proves it. As he could have done this at the very beginning and saved both of us the stress and worry.

My solicitors don’t seem to help much apart from charging me every time they answer a question. But surely they must have seen this coming and the lack of the physical presence of the “Deed of partition” means it is not legal.

I am now at the point of no return :-

1) If I pull out I can only covered for £50,000 under my building insurance and my solicitors costs are currently £52,000 - I am not sure if I have to pay other party costs as well.

2) If I sell the flat without parking rights I will have to sell for less than I purchased it for and be homeless.

3) If I continue and lose I will have to pay both my solicitors costs and the other party costs.

Please help me if you can - all advise welcome

Many thanks

E

[MrShed]

1) If property documents are not registered at the Land Registry can they be legally binding?

 

I dont see how.

 

2) I only brought the property because I could park my car. So if I can’t, what recourse do I have left – can I sue my solicitors who oversaw the flat purchase.

IMHO, absolutely.

 

3) Can this Witness Statement be accepted at such a late stage in this matter? As if it was produced earlier I may have not have continued to this point.

Possibly, but even if it can I fail to see how it strengthens their case whatsoever. All that matters is the physical Deed. Also, I doubt the court will accept such a statement.

 

4) I don’t want to force the old owner to attend court but if his statement is deemed crucial then surely the court will need to cross exam him – is this correct?

IMHO - yes.

 

5) I am using my building insurance to cover my costs so far. Are there any other options to use if the costs surpass my limit?

IMHO - no.

 

6) If I pull out now will I have to pay both parties costs or just my own?

Dont know, sorry.

 

 

This case has been going on so long now and has been extended several times by the other party that if I lose it will cost about half of what the flat is worth!!

 

I am sure the other party has been playing games and forcing this matter to be stretched out to make me pull out and the last minute production of the Witness Statement proves it. As he could have done this at the very beginning and saved both of us the stress and worry.

 

My solicitors don’t seem to help much apart from charging me every time they answer a question. But surely they must have seen this coming and the lack of the physical presence of the “Deed of partition” means it is not legal.

 

I am now at the point of no return :-

1) If I pull out I can only covered for £50,000 under my building insurance and my solicitors costs are currently £52,000 - I am not sure if I have to pay other party costs as well.

2) If I sell the flat without parking rights I will have to sell for less than I purchased it for and be homeless.

3) If I continue and lose I will have to pay both my solicitors costs and the other party costs.

[Planner]

1) If property documents are not registered at the Land Registry can they be legally binding?

 

I dont see how.

 

2) I only brought the property because I could park my car. So if I can’t, what recourse do I have left – can I sue my solicitors who oversaw the flat purchase.

 

IMHO, absolutely.

 

Mr Shed, I think your answers to 1 and 2 are conflicting. I dont think the O/P can sue the Solicitor, I think the recourse is to sue the vendor for misrepresentation.

[MrShed]

True on question 2.

[EmmaBolton]

Sorry for the late reply (I work shifts ...although not this Bk Hol )

I am very grateful for your responses Mr Shed & Planner as it will make my time off more relaxing (also I am going away for the Bk Hol so I don't have to fight to park my car this weekend at the flat)

 

Hopefully, I might get some more advice upon my return

 

Have a great Bank Holiday to all at CAG

 

E

 

Planner

[EmmaBolton]

Hello

You have helped me but I do not understand the

"Please click the scales if I have helped!!"

 

I am sure I am not having a "blonde moment" as I am red head

[MrShed]

Haha!

 

Its the little star now at the bottom left of each post

 

BTW....out of interest, you mention initially that the parking area and two flats are owned by one person (or were).

 

Did you purchase one of those two flats?

[MrShed]

Also, what is the specific term in the lease with regards the right to park?

[GuidoT]

To answer one of your points above, then presuming you are not allocated to the small claims track then if you pull out (discontinue) then you are laible for the other sides legal costs.

[wheelergeezer]

Hang on a second. Did you say your solicitors costs are £52,000 ????? Or is that the value of the flat?

[EmmaBolton]

Hi again

Back after a great w/e break

Yes, I purchased one of the two flats. The freeholder had given the rights to park in the courtyard in the orignal lease and the leaseholder I purchased the flat from last year said that he always parked his car in the courtyard. I wished I had never opened this can of worms and but it is a real pain to come home after a stressful day (I work at a hospital) to find a place to park.

 

Thank you

[EmmaBolton]

Also, what is the specific term in the lease with regards the right to park?

 

 

Hi again

The Flat lease specifically states “to provide within the courtyard two allocated parking spaces … for the use of the lessee or occupier of the flats”

Thanks

[EmmaBolton]

Hang on a second. Did you say your solicitors costs are £52,000 ????? Or is that the value of the flat?

 

Hello "Wheelergeezer" welcome to my party (but it is BYO as I can't afford to pay for the drink) !!

After a year of very little happening my costs have ballooned to £52,000 and the claimant's is £49,000.

So As you can imagine I need to win this case

 

Thank you

[MrShed]

Well then to my mind, with that term, deed of partition or not you have a right to park there - simples.

 

I could be totally missing the point however. But to my mind, if someone purchases the freehold they cannot just unilaterally change the terms of the lease - they must honour the lease. This is a moot point anyway, as they havent even changed the lease! It beggars belief to my mind (naive as it is!) that they have gone this far.

[EmmaBolton]

Hi Everyone

I think my main question is if I purchased the property based on the fact that the lease deeds (at the Land Registry) stated I could park my car in the courtyard - can it be possible for someone to come up with this fabled Deed of Partition that is not registered at the Land Registry and take that right away from me.

My conveyancing solicitors would have performed searches based on the information at the Land Registry and had confirmed to me that I had parking rights.

Surely, for the Deed of Partition to be legal it must be registered at the Land Registry or at the very least, any property connected to the “Courtyard” should have the lease amended to show that the right has been taken away. Otherwise buying a leasehold property becomes a bit of a lottery as you have no idea of the history of the freehold deed before 1990 as you were not forced to register your deeds.

I think if someone can confirm this point, then that is surely my main defense. The only problem is that all my friends (and they are not all girls before you start doubting our female minds!!! ;>)…. ) I speak to say YES.

But why then has the claimant continued this case for a year as he & his solicitors must know I am only asking what I believe is my right. I am not trying to get something for nothing or take advantage I just want to park my car after a long day without hassle.

So I am scared there is some little know law or dodge which they will produce on the day and bankrupt me in the process.

Thanks very much

p.s.

I promise I won’t post such long questions in future but the passion (or anger or despair) took over …

[EmmaBolton]

Hi Everyone

I think my main question is if I purchased the property based on the fact that the lease deeds (at the Land Registry) stated I could park my car in the courtyard - can it be possible for someone to come up with this fabled Deed of Partition that is not registered at the Land Registry and take that right away from me.

 

My conveyancing solicitors would have performed searches based on the information at the Land Registry and had confirmed to me that I had parking rights.

 

Surely, for the Deed of Partition to be legal it must be registered at the Land Registry or at the very least, any property connected to the “Courtyard” should have the lease amended to show that the right has been taken away. Otherwise buying a leasehold property becomes a bit of a lottery as you have no idea of the history of the freehold deed before 1990 as you were not forced to register your deeds.

 

I think if someone can confirm this point, then that is surely my main defense. The only problem is that all my friends (and they are not all girls before you start doubting our female minds!!! ;>)…. ) I speak to say YES.

 

But why then has the claimant continued this case for a year as he & his solicitors must know I am only asking what I believe is my right. I am not trying to get something for nothing or take advantage I just want to park my car after a long day without hassle.

 

So I am scared there is some little know law or dodge which they will produce on the day and bankrupt me in the process.

 

Thanks very much

 

 

p.s.

I promise I won’t post such long questions in future but the passion (or anger or despair) took over …

[EmmaBolton]

OK, sorry I double posted ....now you will really think I am blond