Question: We recently bought a house that doesn’t have a garage. However, now that the title has been registered at the Land Registry, we have discovered that the house did once have a garage, though it was about 100 metres from the house. How can the man who sold us the house have done so without including the garage?
Answer: the seller can decide the extent of the property to be sold. Some properties do have garages that are not annexed to the property but, for example, may be in a block of garages some distance from the dwelling.
Think about when you first looked at the property — you may have been told then by the seller or the estate agent whether a garage was available by separate negotiation.
Sometimes, when a garage is located in a different area to the dwelling, it is possible to sell it separately depending on whether there are any restrictions on the title preventing the garage from being sold off as a separate entity.
In your case, the seller may have decided to keep the garage for personal use or to sell it to someone else, perhaps in the hope that a higher price would be achieved by selling the garage separately.
If you are interested in buying it, you should contact the seller or estate agent to see if the seller does own the garage, if it is for sale and at what price.
What's your problem?
If you have a question for Fiona McNulty, please email email@example.com or write to Legal Solutions, Homes & Property, London Evening Standard, 2 Derry Street, W8 5EE. We regret that questions cannot be answered individually but we will try to feature them here. Fiona is legal director in the real estate group of Foot Anstey LLP in Exeter (firstname.lastname@example.org)
These answers can only be a very brief commentary on the issues raised and should not be relied on as legal advice. No liability is accepted for such reliance. If you have similar issues, you should obtain advice from a solicitor.