We will continue to wait for an epert reply for now...
The lease makes one reference to carpark being part of the demise of property. But does not expand on what individual carpark relates to what individual flat.
The original conveyance went bust/bankrupt years ago and we don't have those documents.
Only a small group of flats have use of the carpark spaces due to the limited number of parking available. Some flats have had individual registered carpark titles. and others appear not to have that. Although they have still been allocated a space which they've been using and paying service charge for.
Thanks for your response,
As previously mentioned.......The original solicitors no longer exist. They went bust/bankrupt. The current conveyancer we are using to sell the property said that solicitors usually only keep documents for 6years, so the original solicitor may not have the documents even if they were still operational. Is there a way round that issue??
The buyer wants to complete in a week.......can we sell without clarity of the carpark issue (as in, sell the property without parking included) And then claim that back from the Solicitor & Freeholder in order that we can dispose of it at a later date...???
Many Thanks again for your response....
But what I was trying to get across was that can we (the sellers) claim back the loss or sue to retain the carpark for ourselves as a separate entity....AFTER the sale?We have already dropped the price to accommodate the buyer who wants to proceed on the basis that they will not get parking space.