UK leasehold purchase: the demise and our right to park.
June 17, 2014 11:26 AM Subscribe
(YNML) We're purchasing a leasehold property in the UK. The lease for this property says "The Demise hereinbefore contained includes the following rights:- ... and the exclusive use of the parking space numbered 1 shown hatched red on the plan ...". Our solicitor has been saying that 'as the right is exclusive this does not form a legal right under common law and as such may be denied by subsequent Landlords.' I don't understand why this is an issue, and as it's held up our move, I would like to understand. Although I've asked my solicitor, I suspect Mefites can give me a clearer answer! More details inside...
posted by jonrob to Law & Government (2 answers total) 1 user marked this as a favorite
My reading of the language in the lease is that a) we have exclusive use of the parking space, but this is not an exclusive right, b) the right to use the parking space is included in the demise, and I don't see what the difference between the right to use the parking space and the parking space itself being included in the demise is.
The main concern our solicitor seems to have is that a future landlord might revoke the right, and hence reduce the value of the property, jeopardizing our ability to resell and the bank's security. But if the right is included in the demise, how could a future Landlord modify this without a deed of variation?
The other complication is that our mortgage lender has attached the following (ambiguous) special condition to our mortgage offer:
'Offsite Garage/Parking space - If the property has an offsite garage or parking space it must be included in our security.'
Does this refer to an offsite garage and an offsite parking space, or an offsite garage and any parking space? If it's the latter, then is it sufficient for the right to use the parking space to be included in the demise, given my reading is correct?
A clearer explanation than my solicitor is likely to give would be very welcome!