Title deed missing information

[Irini]

Hello,

There is a ground property located in a small complex. The unit has an outdoor area which is indicated on the title deed but does not have corresponding measurements. The deed is in the owner's name and indicates the indoor area. The building plot sketch indicates the outdoor area, again, with no specific measurements. How can I get these measurements if they are not on the deed or plan?

TIA

[Nigel Howarth]

Hi Irini

Can you describe the "outdoor area". Is it a garden?, a piece of land?, a patio?, or something else?

Thanks,

[Irini]

Hi Irini

Can you describe the "outdoor area". Is it a garden?, a piece of land?, a patio?, or something else?

Thanks,

Hi Nigel, the outdoor area is the patio area. It's listed on the title as AVLI but no measurements. I should mention that the actual area for the patio is specified in the land registry under the assigned number for this patio. I found out this morning so at least I know it's registered. Not sure why the area does not appear on the title however.

This might help someone else who comes across the same situation.

[Nigel Howarth]

Thanks Irini

Firstly, the patio is not part of the jointly-owned property and is therefore not used to calculate its owner's contribution to the communal fees. (The fees are calculated on the area of unit and the covered and uncovered verandas and the balconies.)

Although the actual size of the patio isn't shown on the deed, it can be calculated as follows:

Total area of the plot (which is shown on the Title Deed) - (area of unit + the covered and uncovered verandas + the balconies)

My Title Deed doesn't show the size of my garden, but I can calculate it easily as above.

Regards,

[Pantheman]

Thanks Irini

Firstly, the patio is not part of the jointly-owned property and is therefore not used to calculate its owner's contribution to the communal fees. (The fees are calculated on the area of unit and the covered and uncovered verandas and the balconies.)

Regards,

Nigel,

I would beg to differ (and I stand to be corrected), but the patio area is for the sole and exclusive use of the occupant, it can be considered an uncovered verandah!

It is all part and parcel of the jointly owned property (not building) and the %age of ownership would probably be higher with someone with a ground floor patio area.

I know what the law states (it is as you mentioned), however, it's what it does state that is left open for interpretation.

That's my take on it.

[Nigel Howarth]

Hi Pan

This may be the case - but:

I was contacted recently by the owner of a penthouse apartment whose uncovered area was greater than her covered area as it included the roof area.

However, a beach front detached property with the same covered area was paying less in communal fees despite the fact that it had a large private garden, which lead directly onto the beach, some of which was a patio.

All of the detached properties paid less in communal fees than the penthouse apartment.

There is something amiss here.

Regards

[Pantheman]

Hi Pan

However, a beach front detached property with the same covered area was paying less in communal fees despite the fact that it had a large private garden, which lead directly onto the beach, some of which was a patio.

I understand, but on the beach front, the garden would have gone down into the foreshore protection zone and as such would not necessarily be part of the communal property. That's the only reason I can think of in this case.

The law does need more clarification.

Regards

Pan

[Nigel Howarth]

The law does need clarification - it's in the works (allegedly)

The current law refers to "The area of a unit consists of the covered area surrounded by the outer walls of the unit and the covered and uncovered verandas and the covered and uncovered balconies of the unit are included therein".

I've just spotted an advertisement for a 3 bedroom penthouse with 130 m2 uncovered veranda. That's very confusing.

Regards,

[Irini]

I'm very confused.

All the outdoor space under my exclusive use would be part of my ownership.
Covered, uncovered, garden, patio, yard, etc...
If it's part of my total area, wouldn't it be considered in my ownership percentage?

Btw... the title does not indicate the area for the outdoor space or the full plot area. It simply has an assigned number for the outdoor space and only indicates the indoor area. As such, I'm having a lot of trouble understanding what's what.

According to the land registry, the outdoor area under the assigned number (on the title) is 77sqm. However, the surveyor calculated a covered space of 10sqm and uncovered veranda of 18sqm. I had a long back and forth with him and it did not help me at all to understand why there's such a huge discrepancy between his numbers (which I knew were low) and the recorded area on the land registry.

Please help me to understand.

[Nigel Howarth]

I'm very confused.

All the outdoor space under my exclusive use would be part of my ownership.
Covered, uncovered, garden, patio, yard, etc...
If it's part of my total area, wouldn't it be considered in my ownership percentage?

I'm also confused. I think the only way you're going to resolve this is speaking with the Land Registry.

The ownership percentage shown on your deed is the percentage of the jointly-owned building that you own and excludes the privately owned parts such as your covered, uncovered, garden, patio, yard, etc.

Regards,

[Irini]

I'm very confused.

All the outdoor space under my exclusive use would be part of my ownership.
Covered, uncovered, garden, patio, yard, etc...
If it's part of my total area, wouldn't it be considered in my ownership percentage?

I'm also confused. I think the only way you're going to resolve this is speaking with the Land Registry.

The ownership percentage shown on your deed is the percentage of the jointly-owned building that you own and excludes the privately owned parts such as your covered, uncovered, garden, patio, yard, etc.

Regards,

Thanks Nigel.