Sold a flat with "private parking" which isn't

[pattyg]

I bought my flat 19 years and still have a copy of the schedule stating the flat came with "private parking". The survey at the time also confirmed private parking and I have copies of both. My neighbours also have bought their flats, some very recently, on the basis they have private parking.

The parking bays are on the street but are clearly marked and there is one for each of the flats.

The council have now confirmed that the bays form part of the public road and as such are open for use to any car which is taxed and insured.

How do I stand legally with this? Do I have recourse with the selling solicitors/surveyors?

Many thanks in advance.

Edited by pattyg on Tuesday 11th October 13:12

[Dogwatch]

What does the Lease say?

[PurpleMoonlight]

Has the road been adopted by the Council since you purchased the flat?

[pattyg]

PurpleMoonlight said:

Has the road been adopted by the Council since you purchased the flat?

The road was adopted by the Council in 1991 according to papers I have received recently from them. i.e. 1 year after the flats were built and 6 years before I bought my flat. However to date the flats, when up for sale, have been advertised as having private parking.
Thanks

Edited by pattyg on Tuesday 11th October 13:24

Edited by pattyg on Tuesday 11th October 13:26

[JQ]

Dogwatch said:

What does the Lease say?

This. There should be a plan attached to the lease, does it show the parking space? You should also get details of your ownership from the Land Registry which will also have a plan attached. Make sure you get the Land Reg docs for your leasehold interest, not the the freehold interest.

What was said on the Estate Agent brochure is largely irrelevant, your solicitor should have confirmed exactly what you were buying.

[pattyg]

JQ said:

This. There should be a plan attached to the lease, does it show the parking space? You should also get details of your ownership from the Land Registry which will also have a plan attached. Make sure you get the Land Reg docs for your leasehold interest, not the the freehold interest.

What was said on the Estate Agent brochure is largely irrelevant, your solicitor should have confirmed exactly what you were buying.

Thanks, I have a plan from 1990 with the car parking spaces highlighted as areas which were to be privately maintained (by the Feuar) along with our internal paths to rear etc. This was a Registrar document from Nov 1990. The council doc states the parking spaces and footpaths at the edge of the bays were then adopted by them as public roads to be maintained by the local authority in 1991. I don't have a copy of the lease.

Edited by pattyg on Tuesday 11th October 14:11

[JQ]

Are you in Scotland?

[Dr_Rick]

Profile says Edinburgh

[JQ]

Dr_Rick said:

Profile says Edinburgh

If that's the case ignore all advice to date, land law is different in Scotland, and is something I have no idea about.

[superlightr]

ffs why not say you are in Scotland when you first post.

[pattyg]

superlightr said:

ffs why not say you are in Scotland when you first post.

Apologies to the responder. I didnt realise the relevance at the time I posted.

Thanks for your interest. There was no need for the swearing however.

[Spitfire2]

pattyg said:

Apologies to the responder. I didnt realise the relevance at the time I posted.

Thanks for your interest. There was no need for the swearing however.

No need for the post at all. The advice given by others holds true. Check your deeds with your solicitor.