Who will this bit of land belong to now?
Discussion
So i am in the late stages of part exchanging my house with a new build.
Days before looking at exchanging contracts the developer's legal team have questioned the shared car park.
The car park is shared between 3 houses. The actual car park spaces belong to me, but the turning area is retained land still belonging to the developer.
The title states that maintenance is to be shared between the 3 houses, and that each house has right of way over turning area.
However the legal team have discovered the developer has now been liquidated, and are questioning regarding maintenance and who is responsible for the car park.
This has now become very stressful as the reservation expiries on Tuesday, and they have still not confirmed they are happy with the explanation.
So the whole sale could fall through over a f
king car park, which is a non issue in my opinion!
This is the car park:
So who would this tiny bit of land now belong to?, can't imagine it was worth selling before liquidation as its of no use to anyone?
Days before looking at exchanging contracts the developer's legal team have questioned the shared car park.
The car park is shared between 3 houses. The actual car park spaces belong to me, but the turning area is retained land still belonging to the developer.
The title states that maintenance is to be shared between the 3 houses, and that each house has right of way over turning area.
However the legal team have discovered the developer has now been liquidated, and are questioning regarding maintenance and who is responsible for the car park.
This has now become very stressful as the reservation expiries on Tuesday, and they have still not confirmed they are happy with the explanation.
So the whole sale could fall through over a f
king car park, which is a non issue in my opinion!This is the car park:
So who would this tiny bit of land now belong to?, can't imagine it was worth selling before liquidation as its of no use to anyone?
Edited by V8 Stang on Friday 18th October 17:54
Edited by V8 Stang on Friday 18th October 17:59
The straightforward answer is that the liquidator was responsible for sorting out the developer's "assets and liabilities". So the question becomes whether this bit of land was an asset or a liability. I can't imagine the bit of access way has any value so the question becomes whether it is or was part of a larger area of land that might have value.
On the other hand if there were obligations on the developer to maintain that access way it would clearly be a liability.
Definitely the Land Registry is the place for people to start looking but it's unlikely there will be a quick and easy answer.
From the practical point of view so long as your house has right of way and a right to park I can't see the maintenance glitch has any material impact on the value of the property, so shouldn't really be an obstacle.
Land that is "left over" and ownerless after a company liquidation passes to the Crown (i.e. UK state). I have no idea whether any obligations for estate maintenance would carry over to the Crown or how you might go about enforcing them if they do. Doesn't sound easy either way.
On the other hand if there were obligations on the developer to maintain that access way it would clearly be a liability.
Definitely the Land Registry is the place for people to start looking but it's unlikely there will be a quick and easy answer.
From the practical point of view so long as your house has right of way and a right to park I can't see the maintenance glitch has any material impact on the value of the property, so shouldn't really be an obstacle.
Land that is "left over" and ownerless after a company liquidation passes to the Crown (i.e. UK state). I have no idea whether any obligations for estate maintenance would carry over to the Crown or how you might go about enforcing them if they do. Doesn't sound easy either way.
It might be useful to look on companies house website, to find the nature of the liquidation etc etc.
If it went bankrupt, then some creditor might have the freehold.
Otherwise it's likely been kept by a director or something.
As well as the 'deeds' (in the vague sense of documents at the land registry), the contract transferring the house plot may matter.
One of my inlaws has an orphaned bit of 'access' like this, having lived there about 40 years, it's now becomng a problem as it's beoming a mess of potholes.
If it went bankrupt, then some creditor might have the freehold.
Otherwise it's likely been kept by a director or something.
As well as the 'deeds' (in the vague sense of documents at the land registry), the contract transferring the house plot may matter.
One of my inlaws has an orphaned bit of 'access' like this, having lived there about 40 years, it's now becomng a problem as it's beoming a mess of potholes.
balham123 said:
Plot looks big enough to fit a house, so must have some value.
What do you mean by you own the spaces but it is shared?
I once owned a garage in a block of 3 and the space in front of it. These garages faxed a block of 4, and each owned the space in front of theirs. What do you mean by you own the spaces but it is shared?
There was a 10 foot wide strip, down.the middle that belonged to the house under which we all had to drive to get to the garages, which was about 15 foot wide under his bedrooms. In our deeds we were jointly responsible for the upkeep of the whole area and all 7 had right of access across the whole area. So technically nobody should park in front of thier own garage. We did because nobody every complained.
Gassing Station | Homes, Gardens and DIY | Top of Page | What's New | My Stuff