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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10290
Experience:  30 years as a practising solicitor.
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My solicitor has just written to advise me that the car parking

Resolved Question:

My solicitor has just written to advise me that the car parking space in the title deeds of property I bought through them on 25.1.14 is on land registry as belonging to another property.
She thinks this can get sorted out by sellers and land registry.
This seems to me to be what I paid them for in conveyancing and to me would be my solicitors fault for not sorting this out at the time of purchase.
Just looking for independant advice as feel my solicitor will be taking care of their own interests in this and wonder what they are not telling me
I am also planning to sell this flat soon within next 8 weeks so I need it sorted out
thanks
Joyce
Submitted: 2 years ago.
Category: Scots Law
Expert:  Jamie-Law replied 2 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

What is the cost of putting this right please?

Customer:

There has been no mention of cost

Customer:

Please note that Scottish law applies here

Alex Watts :

Sorry! I didn't see that.

Alex Watts :

I will get this transferred to Scots law.

Alex Watts :

Someone will be in touch shortly.

Alex Watts :

Apologies for the delay.

Customer:

Thanks

Alex Watts :

No problem - no need to reply, someone will along shortly.

Customer:

I am heading out so if someone could email me that would be great

Alex Watts :

Sure.

Expert:  JGM replied 2 years ago.
Thank you for your question.

Your solicitor should have noticed at the time of purchase whether the car parking space was included in the title that you were buying or not and reported to you at that stage so that you could have made an informed decision as to proceed with the purchase or not.

There may be a technical reason as to why the parking space has ended up with another property which is easily sorted with the Land Register of Scotland; you don't say what the problem has been.

However, if it is the case that the parking space is legally owned by another party, this will not necessarily be easy to sort out and you should get alternative representation rather than use the same solicitor.

Happy to discuss further if you have more information as to how this has happened.

I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 2 years ago.

My sols says received correspondence from Keeper of the Registers to advise that the parking space in the title has been registered to another property. My sols says is in correspondence with the keeper and sellers sols to sort out as is sellers responsibility to provide me with title to property including parking space, without exclusion of indemnity


This is phrase I dont understand ... sounds like they are gonna sort out at sellers expense but not sure of that phrase snd I am planning to put up for sale in 8 weeks time so am concerned how long will take to resolve


can you explain in laymans terms what '' exclusion of indemnity '' means ?

Expert:  JGM replied 2 years ago.
Yes, of course.

The land registration system in Scotland is a statutory creation and the government, through the Keeper of the Registers of Scotland, guarantees the title of land in respect of which Land Certificates are issued. The Land Certificate is a guarantee that the title is good. If it turns out not to be the Keeper will indemnify, or, pay compensation to a party who suffers loss as a result of the title being wrong.

However, whilst the seller may be liable to sell you a property with a particular address, if the parking has already been registered to another property, the Keeper would not issue a title with that space.

You need to know:

1. What the seller contracted to sell you in terms of the missives.

2. Why the space is registered to another property and what the seller thought he had title to it.

Happy to discuss further.
Customer: replied 2 years ago.

Sols feels has been a mistake as space is right outside proorty door and registered to property further along


Noone has complained about me parking there for past 4 months and it just doesnt make sense to have parking spaces not numbered in same order as houses


Does '' without exclusion of indemnity '' mean that they are being told that they would not have to pay compensation ?

Expert:  JGM replied 2 years ago.
A title issued without exclusion of indemnity means that the Keeper things that the title is good and marketable.

Clearly the title to the parking space isn't good and marketable at present.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10290
Experience: 30 years as a practising solicitor.
JGM and 2 other Scots Law Specialists are ready to help you

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