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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 7250
Experience:  28 years as a practising solicitor.
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Dear Sirs , Re parking bays . we have now heard back

Resolved Question:

Dear Sirs ,

Re parking bays .

we have now heard back from the building factors.
They have advised that they have checked the plan of the parking bays and allocation . They have informed us we have two and also explained which ones they are .
Please advise do i still require to check the titles ?
This has already been flaged to the solicitors who did the conveyancing and they advised that the property did not come with parking bays .
The solicitors are very slow and a pain. Please advise if you can check them for us . This might give us more ammunition ie factors , committee of owners and perhaps written in the titles .
Much appreciated .
R.
Submitted: 9 months ago.
Category: Scots Law
Expert:  JGM replied 9 months ago.
Thank you for your question.

If you give me the title number of your property and promise to pay a bonus of £4 to cover the cost of me getting the title from the registers I can do that for you.
Customer: replied 9 months ago.

Dear Sirs ,


 


the files are too large to send .


Can you give an email address or the administers and will forward to the them .


many thanks for the service ,


 


R.

Expert:  JGM replied 9 months ago.
No just give me the title number of your property and I can look it up myself.
Customer: replied 9 months ago.

Dear Sirs ,


 


I will give the £4.00 for the outlay of the title .


The title number is XXXXX and the address is Unit 5BXXXXXGlasgow G5 8BE , so that it reconciles .


much appreciate the service ,


 


 


R.


 

Expert:  JGM replied 9 months ago.
I have looked at the title. It provides that the developer had the power to convey or allocate the parking spaces to proprietors. However your title discloses that no parking space has been conveyed, ie, there is no specific ownership right and the parking spaces are owned in common by the proprietors as a whole. So the developer chose to leave the parking spaces in common ownership.

That means that the parking space or spaces could well have been allocated by the factors, who take over that kind of thing when the developers leave the site.

Here is the provision as taken from the Deed of Conditions:

" each Parking Space shall be used only as a private parking space for the sole use of a Proprietor, or occupant of his Flat, and any rights thereto shall not be sold or let or transferred separately therefrom, nor used for any commercial or trading purpose; the Developers reserve the right to convey or allocate the exclusive use of one Parking Space to the Proprietor of each Flat (subject, in the case of allocation of a Parking Space, to the location of such Parking Space being varied by the Developers thereafter); each of such Parking Spaces shall be used, by the Proprietor to whom it has been conveyed or allocated, for the purpose of parking thereon of one private motor vehicle and for no other purpose; any remaining Parking Spaces (subject to any subsequent conveyance, allocation or re-allocation by the Developers) shall be kept available for the use of visitors to the Proprietors within the Development, and shall be maintained jointly by all the Proprietors of the Development."

A subsequent Deed of Conditions allows for reallocation of the parking spaces by the factors as follows:

"Whereas the Developers (meaning us) intend and require to carry out further works to the Development and its component parts for the better management, occupation, use and enjoyment of the Development by the various co-proprietors thereof from time to time and WHEREAS in addition and as part of those necessary works it is anticipated that it will be necessary to reallocate and reconfigure the Parking Spaces within the Car Park for the mutual benefit of the current and future co-proprietors of the Development we THEREFORE considering in terms of the said Deeds of Conditions we have reserved to us the right, inter alia, to vary, depart from or alter the terms of the said Deeds of Conditions and further considering that it is desirable and in the best interests of us and the said co-proprietors now and in the future for us to hereby provide and declare that the whole rights and privileges conferred on us by the said Deeds of Conditions and in particular and without prejudice to the generality thereof those in terms of Clause (Third)(2)(a) and Clause (Tenth) of the Deed of Conditions in Entry 5 as subsequently varied shall be deemed rights and privileges conferred on us as (i) the developers of the Development and not as feudal superiors as previously provided for and also (ii) as proprietors of those parts of the Development which have not yet been disposed of by us. In addition those said rights as hereby varied shall also, in the interests of the future good management of the Development, be rights conferred on the Property Manager in substitution for us. Save as hereby varied, the terms of the said Deeds of Conditions as varied aforesaid shall remain in full force and effect."

Happy to discuss further.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 7250
Experience: 28 years as a practising solicitor.
JGM and other Scots Law Specialists are ready to help you

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