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| Tuesday, December 02, 2008
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| Author |
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AdrienneS1
Posts:0
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| 06/21/2008 1:55 AM |
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| My husband and I purchased a unit in a 55+ New Development. We were deeded the adjacent parking space along with our unit deed #12. One month later, our neighbor was deeded the same space along with her unit deed#13. This happened because there were two parking spaces on the Site plan. The developer or his Legal representative failed to submit the new site plan showing only one parking space. What is the solution to this problem? We have two cars, my neighbor, who lives alone has one car. However, she feels the parking space should be shared so her daughter who visits could park there and I should park my car somewhere else. Of course our agurment is, we went to deed first, and that supersedes all. Is this correct? What can be done? HELP> |
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DJ1
(Ontario)
Posts:456
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| 06/21/2008 5:29 AM |
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The developer can't deed something he doesn't own so once it was deeded to you he has no further authority imo. Kind of like in our subdivision where he sold 34 lots without registering the CCR's on the deed and once we discovered this and our lawyer informed the HOA there was nothing they could do if the 34 didn't agree to having the CCR's registered on title.
Again, imo, he has to deal with you to see if you would sell/transfer etc. the second deed is invalid. |
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KirkW1
(Texas)
Posts:1145
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| 06/21/2008 6:12 AM |
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I totally agree that the seller (and title company) sold something they had no right to. Now the thing is to convince the new owner that she really needs to take the issue up with them since they already transferred deed to the disputed parking space. Assuming there are empty parking spaces, they will probably deed one of them over. At any rate, that is the only way you both get what you paid for.
Now as a neighborly gesture, you might agree that you will share the spot on a first parked basis should her daughter be a irregular visitor. But this is something you personally would be doing out of the goodness of your heart. (And to keep neighborhood peace.) At any rate, I would tie the offer to her getting a replacement spot for the one she was erroneously deeded. |
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GloriaM
(North Carolina)
Posts:778
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| 06/21/2008 10:55 AM |
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When you say deeded, do you possess a recorded instrument with you as the Deed Holder of the parking space? If you were the 1st and the Developer made a mistake, how can it become your problem. IMO she has to deal with her closing attorney, Title Company and the Developer for making such an error.
I would liken it to your home as well, if the developer made a mistake by deeding the same home, who is the Owner? IMO would be the 1st one. |
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SusanW1
(Michigan)
Posts:2176
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| 06/21/2008 10:59 AM |
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Gloris is right: what Deed is "official" is the point. Confirm your ownership with the county clerk or whomever certifies/files deeds.
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