Transfer of Parking Spaces

My conveyancer is repeatedly asking my seller's conveyancer how he is going to remedy the fact that the parking spaces on the Freehold title (GM469233) which the parking space is being transferred out from (as the freehold is being purchased) does not make reference to the existing parking space to this property.&#160;&#160;<br> But if the land is being transferred by way of a Transfer of Part, and the TP1 plan identifies both the house and parking space edged in red, won't the Land Registry recognise that extent as the new title?&#160; I was advised it was not necessary for the parent title itself to make express reference to the parking spaces, as each TP1 defines its own extent in accordance with Land Registry Practice Guide 40 (Supplement 3).&#160; Won't the Land Registry just recognise the transfer on the basis of the TP1 and its compliant plan?<br> <br> Please help - the two solicitors are just blaming each other and the seller is frustrated and the chain about to collapse.&#160; Thank you.

Anne - your understanding would appear to be correct. Land is land whether it is specifically referred to or shown as a parking space on a registered title. I assume there must be more to it though if they are arguing

Thank you Adam - I think I'm going mad.&nbsp; It isn't so much arguing, my solicitor just keeps asking the same thing, over and over and the seller's solicitor seems a little bemused and has said "No issue require resolving as the land comprising the parking space is shown as included in the title on the title plan".&nbsp; The seller has lost all faith in my solicitor because of this delay.

Anne - noted and understood but sadly very much something only they can resolve for you. I wish you luck&#160;

Anne - your luck maybe non-existent but you clearly have a good understanding of the issues involved&nbsp;<br> It's clearly something of a 'mess' but to help me offer some useful advice can you tell me who you are buying from and are you definitely also buying the freehold of the property and parking spaces as intimated in your first post?<br> I ask as if you are buying #9 and parking spaces I assume that's from the executor of the deceased LEASEHOLD owner of titles&nbsp;MAN234533 &amp;&nbsp;MAN240643.&nbsp;<br> If the purchase is also of the FREEHOLD then you have different titles and owners involved and that doesn't feel right to me at least. The Freehold for #9 and majority of the parking spaces is&nbsp;MAN284663 and you have not mentioned that title so far?<br> I ask not to try to be difficult but I have come across similar scenarios where the property is marketed as Freehold when that's not the case but maybe there's something much more going on in the background to try and achieve that<br> &nbsp;

Thank you Adam for your immense patience.&#160; The house was marketed as leasehold but it was agreed with the seller that he would purchase the Freehold (as it would make it quicker - funny, no?) and that we would pay extra to what it was originally marketed at directly to the seller.&#160; The leasehold is being bought for an additional £36k (that apparently has been agreed and both solicitors are not arguing about that (at least)).&#160; I was told that the titles would then be merged together for the house and the parking spaces,&#160; The company that is selling the freehold has agreed to directly transfer it to us (me and husband). Although technically the house seller is going to purchase it just before the sale and pass it on.&#160; This bit the sols seem to agree on - although I can't say I have any confidence that I won't end up stuck with the bill for £36k.<br> I hope the above makes sense - I'm not sure I explain everything correctly as I am so upset that this has been going on for 34 weeks.&#160; I didn't mean to attach that document - I'm sorry.&#160; I know you can&#160; only answer in general terms rather than give specific advice as the solicitors are apparently supposed to know what they are doing.&#160; I have asked for the attachment to be removed as I don't have the techie know-how.&#160; I also didn't check back in to see your message from 22 days ago wishing me luck or I would have said thank you and that I know I will need it.&#160; Sorry about that.<br> <br> The owner of the company for the title my solicitor is insisting on has categorically stated he does not own the land.&#160; His mill has boundary lines and a wall and he doesn't own anything past the tiny brook that runs between the housing estate and his company.&#160; He has even&#160;&#160;mentioned that there was a problem ( a year or so ago) with the conifers around the housing plot, and the management company of the estate needed to access their boundary side to manage them. The owner was&#160; told&#160; &#160; &#160;“ we know it’s our land/our problem, but could we come round to your yard to access the trees” and being a lovely person, he agreed.&#160; He has been so kind even agreeing to speak to me.&#160;<br> Now the property seller's solicitor is saying the Freeholder is absent - it seems any old answer will do until they hit on the right one.&#160; If that were the case, why prepare the transfer docs using&#160;GM469233?&#160; That's a rhetorical question - I know you can't answer but I'm trying to give a full picture.&#160; Although my solicitor has said -&quot;the Land Registry won’t give you any advice regarding this other than the guidance they produce in practice guides, therefore I would request you direct queries to myself in the first instance&quot;.&#160; Which confirms my latest thought that this whole thing has been some kind of horrible figment of my imagination.&#160;&#160;<br> Anyway - any advice that you, as a figment of my imagination (you look like Keanu Reeves in my head) can give me would be much appreciated.&#160; Though I understand that resolution lies with the person I've hired and am supposed to have faith in.

Anne - all noted and appreciated and your explanations are perfect. I also understand why you have not mentioned specific names re owners etc and I have followed suit<br> The issue the seller has (yours too of course) is that the whole of the parking spaces are not registered in the way envisaged or explained. The rear parts of the spaces (inc the others in the same row) are registered under different freehold titles/tenures and there is also an intervening head leasehold title as well<br> The mix of titles should be seen via MapSearch and the title plans confirm what land is registered under which titles/tenures.<br> The owner of the land to the rear/behind the wall may agree that the rear parts of the parking spaces aren't in his ownership etc but that does not change the registration reality.<br> The seller needs to unravel this as whilst the main property and bulk of the spaces can be resolved re the freehold as you state and both titles/tenures then merged/transferred to you as appropriate that can't include the rear parts of the spaces<br> The rear parts of the spaces are registered under freehold title&#160;GM642659, Head leasehold title GM69778 and sub lease&#160;MAN240643. Your seller owns the sub lease but the head lease and different freehold ownership adds an additional layer which appears, as yet, to be unresolved and the seller needs to make arrangements with the Head Leaseholder and separate Freeholder as appropriate<br> NB - of no solace whatsoever I suspect but this same scenario is mirrored for Numbers 8-11 inc and 21 and 22&#160;<br> I am no Keanu and I have removed the post with the attachment as requested - things have all been understood and moved on a little since that post so no need to repeat it's contents

Adam - thank you so much.&#160; Your job is incredibly complicated, quadratic equations would be simpler.&#160; I appreciate you trying to explain everything to me.&#160; I wouldn't mind - I don't care about the parking spaces.&#160; I'll park on the road.&#160; We're just desperate for a property without steep stairs and a downstairs toilet.&#160; It looks like the sale will far through anyway - the seller and seller's solicitor is sick of my solicitor.&#160; &#160;So the minute the land reg removes the<br> dissolved company from title GM69778, the house will be going back on the market.&#160;<br> The man who owns the company for GM642659 has offered to sell me the spaces for a £1 - how lovely is that?&#160; All he wants is evidence that he owns it.&#160; This whole thing has been a horrible experience but at least your kindness in trying to help, combined with the kindness of the mill owner, has restored my faith in human nature.&#160; Thank you again.&#160;&#160;

Anne - understood and again appreciated. We don't remove a dissolved company but I imagine what they mean is that they will apply to 'determine' the Head Lease in order to bring it to an end and leave the bits of the spaces as just a freehold with a leasehold.&#160;<br> However as the freehold is in the name of the neighbouring landowner's own company then more still to be done.<br> The key to you buying the property and most of the spaces will be your mortgage lender and whether they will say YES to completion. I suspect they may not but your conveyancer can confirm&#160;<br> The remainder of the spaces can be resolved after completion but your conveyancer will be trying to minimalise the risk for you&#160;<br> I received your direct email but have not replied as have removed the earlier post as requested

Ah right&#160; - I'll not tell her her terminology isn't right when she says &quot;removal of the reference to the dissolved company&quot;&#160; Don't want a telling off as I'm not supposed to be talking to you.&#160; :)&#160; &#160; &#160;To be fair, she is probably dumbing it down so I have a vague idea of what is going on.&#160; I thought a Rider was what went on the back of a horse until all this started.<br> No mortgage - I'm knocking on a bit Adam.&#160; &#160;At least that's one thing not to worry about.&#160; &#160;<br> Thanks again - you are definitely in the box with the Keanu Reeves type people.<br> &#160;

Anne - everything crossed for you and very much a case of the conveyancers putting all the relevant parts in place to not only complete the sale/purchase but also ensure that you don't have any issues thereafter and nobody to help sort things out.<br> A downstairs toilet is worth fighting for although Keanu probably doesn't have the same worries as we do&#160;<br> Good Luck&#160;

Don't know if this will work as the post is so old but I wanted to thank you for all your help with the house Adam - we moved in on Tuesday!!!! We'd never have been able to do it without all the help and guidance you and your colleague (Nimish, I think)&#160; gave us on this and other posts.&#160; Our happy outcome is largely down to you.&#160;&#160;

Hi Anne - that is absolutely fantastic news and so glad it all ended as you hoped for. A new home is so exciting.&#160;<br> Your words are too kind and I will share with Nimish also - many many thanks