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Parking / unregistered land
Hello,
I’m currently purchasing a rural property - part of a bank of four post-war terraces.
My conveyancer has, quite righty, flagged an issue with the parking space I presumed was part of the title:
The Conveyance signed in 1996 when the Council sold the house said there are rights to park on any communal parking serving the estate, however this is not defined on the plan; so strictly speaking there is legally no right to use the spaces.
The land for the parking is unregistered land and we cannot ascertain who owns it.
We will need to refer this to your mortgage lender for confirmation the mortgage is not affected.
The seller’s sol replied: ...”We do note that from inspection of the 1996 Conveyance that clause (C) of the first schedule does contain a right to park.
We will concede that this is not identified on the Conveyance plan however it does indicate the existence of a communal parking area - presumably the area used by our client and the neighbouring properties?”
My initial thoughts are:
The local council must own the unregistered land, as they still own one of the four properties that is still tenanted.
What happens in a situation like this usually?
Does everything carry on as it has done, or will I have to satisfy the mortgage lender by acquiring some easement or indemnity insurance?
The actual property is all ok and registered.
The communal parking area, benefiting all four properties, lies to the side front, giving access to and from the main road. The seller has commented that there has been no issues and I have also spoken to a neighbour there, who confirmed all four properties are respectful of each other’s parking space.
Thank you for any enlightenment.
I’m currently purchasing a rural property - part of a bank of four post-war terraces.
My conveyancer has, quite righty, flagged an issue with the parking space I presumed was part of the title:
The Conveyance signed in 1996 when the Council sold the house said there are rights to park on any communal parking serving the estate, however this is not defined on the plan; so strictly speaking there is legally no right to use the spaces.
The land for the parking is unregistered land and we cannot ascertain who owns it.
We will need to refer this to your mortgage lender for confirmation the mortgage is not affected.
The seller’s sol replied: ...”We do note that from inspection of the 1996 Conveyance that clause (C) of the first schedule does contain a right to park.
We will concede that this is not identified on the Conveyance plan however it does indicate the existence of a communal parking area - presumably the area used by our client and the neighbouring properties?”
My initial thoughts are:
The local council must own the unregistered land, as they still own one of the four properties that is still tenanted.
What happens in a situation like this usually?
Does everything carry on as it has done, or will I have to satisfy the mortgage lender by acquiring some easement or indemnity insurance?
The actual property is all ok and registered.
The communal parking area, benefiting all four properties, lies to the side front, giving access to and from the main road. The seller has commented that there has been no issues and I have also spoken to a neighbour there, who confirmed all four properties are respectful of each other’s parking space.
Thank you for any enlightenment.
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