Q. I’m buying a Leasehold property and almost ready to exchange but my solicitor has just discovered that there seems to be no evidence of the parking space on the lease or the deeds. The seller is adamant that he purchased a parking space when he bought the apartment off plan. What can I do, obviously I will not proceed with the purchase if there is no parking?
A. It sounds to me as if the property does in fact have a space but maybe was attached to a deed of variation rather than being on the actual deeds, this could have been done subsequent to the purchase by way of a Deed of Variation which means that his solicitor at the time possibly could have failed to register the Deed of Variation. There are a number of things that your solicitor can do to rectify the situation. First of all she will need to speak to both the freeholder and the managing agent to check their records with regards to the position on parking. Certainly if it’s a Leasehold property there should be service charges associated with the parking as well as the apartment, this would at least clarify the position. Secondly, they can speak to the original lawyers who acted for the developer to call up their old file and find the Deed of Variation which must be in their possession. If the deed of variation cannot be located but proof of a space is given via other documentation held by the original Lawyer then your solicitor will have to prepare a fresh document and arrange registration for the car parking space at the same time as she registers your interest in the property at the Land Registry.