Do deeds have car space number on them?

Larbre34

In my experience the parking space won't form part of any sale, just that membership of the OMC entitles you to have one space designated for your use and so the inherent value of "A" parking space may be included. The spaces and all common areas are owned by the OMC as a clg on behalf of its shareholders, ie, the home
owners.

That designation may be changed from time to time with the agreement of the OMC directors for any number of practical reasons, but at the same time it is up to the Directors to ensure that the managing agent cater for those obligations to provide spaces per the terms.

Peregrinus

Yyhhuuu wrote: »

Thst's one way of looking at it. I think that car park space 3 was used by apartment 3 before I took over ownership of apartment.

Ah, you weren't the first owner. That may make a difference.

If the deeds allow the MC to designate a space to each flat, do they also allow it to revoke that designation, and designate a different space?

If you can establish that space 3 was originally designated to flat 3, and if the deeds don't contain a power to alter designations once made, then you may have a case for saying that the owner of flat 3 — you — is still entitled to space 3.

to99

Peregrinus wrote: »

The people who can testify that Space No. 1 was sold by the owner of Flat X to the owner of Flat Y are the owners of Flat X and Flat Y. On the face of it, the management company wouldn't have been a party to that transaction; how would they know about it?

They'd know about it, of course, if the terms of the licence required them to be notified of any transfer of a car space, or required their consent, or something of the kind. Which give's rise to a couple of questions:

1. Do the terms of the licence say anything like that? You've got a copy of the licence; read it.

2. If they do, obviously the MC is supposed to keep some kind of record or register of who is licensed to use which space; otherwise what is the point of notifying them of transfers? But, if they are, they should have a record of what space was originally licensed to you, and of what space was originally licensed to the owner of Flat X. The fact that they were apparently notified of the transfer of space no 1 and they didn't say "Hang on! That's not your space!" suggests that they have have had some reason, from their own records, for thinking that Flat X did have Space no. 1, and so did have the right to transfer it. I would press them on this.

.

Yes, it is an express term of the licence that spaces can not be sold, transferred, shared etc without the prior consent of the MC.

Claw Hammer

to99 wrote: »

Yes, it is an express term of the licence that spaces can not be sold, transferred, shared etc without the prior consent of the MC.

A lkicence is always personal and can't be transferred anyway. It is possible that it is a lease but is called a licence.

schmoo2k

@to99 any updates?

to99

schmoo2k wrote: »

@to99 any updates?

I got the space back.

Got it in writing.

And I didn't pursue whether or not they had leased it out.

Put my signs up and no bother ever since.

schmoo2k

to99 wrote: »

I got the space back.

Got it in writing.

And I didn't pursue whether or not they had leased it out.

Put my signs up and no bother ever since.

Happy days! Thanks for the update...

punisher5112

to99 wrote: »

I got the space back.

Got it in writing.

And I didn't pursue whether or not they had leased it out.

Put my signs up and no bother ever since.

That's brilliant, such a pain you had to fight for what was yours...

Happy parking...

ted1

to99 wrote: »

I got the space back.

Got it in writing.

And I didn't pursue whether or not they had leased it out.

Put my signs up and no bother ever since.

Are you out of pocket ?

to99

ted1 wrote: »

Are you out of pocket ?

Yes.

But I don't really care.

The whole thing was stressful enough.

I got what I wanted and left it at that.