Unfortunately, any agreement with regard to the sale of land/property must be in writing and signed by the parties. The statutory provisions are the Law of Property Act 1925 and the Law of Property Act (Miscellaneous Provisions) 1989
It is unlikely therefore that you could actually enforce the agreement whereby he agreed to transfer this extra piece of land to you if that was just a stand-alone agreement.
There may be a claim against your solicitor if your solicitor was negligent in confirming the extent of the property.
However one of the things which the seller cannot rely on to extract more money from you is mistake and nor could you.
Hence, if he transferred land to you in error, you would not be able to keep it simply because you had a transfer deed transferring that land. By the same token however he cannot rely on your mistake in failing to check the plans and his mistake (which he admits) in failing to sign the transfer of this piece of land.
Although the agents particulars are not legally binding, they are relevant when it comes to deciding any court proceedings. These matters are decided on the balance of probabilities and therefore, if there is some evidence which tips the balance in your favour regarding whether you were supposed to have this land or not, the agents particulars would be it.
If he steadfastly refuses to transfer the car parking space and it’s in the agents details you would have no alternative but to take him to court to have the court decide the matter as to whether this was a mistake or whether it was genuinely not included in the sale.
There seems to be little point in your solicitor exchanging lots of correspondence which will only serve to increase costs. You should really give him the ultimatum as to either sign the transfer deed or risk being taken to court. If he still refuses to budge, then you have no alternative but to go to court. Hopefully the threat of proceedings may making think twice and sometimes, it does reinforce the threat if the proceedings are drafted (but not sent to the court) and sent to him along with a covering letter along the lines of, these are the proceedings we prepared, we really do mean business, and if you don’t sign the deed, they will be going off to the court.
As I said earlier, I suggest that you look at the information given to your solicitor and the correspondence from your solicitor to see whether there is any blame which can be attributed in that direction.
Can I clarify anything for you?
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