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 Issue with condo car park, Car park can’t be reassigned

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TSZer0 c00L
post Jul 29 2019, 10:10 PM, updated 7y ago

i haz hammer!
*******
Senior Member
3,510 posts

Joined: Feb 2005


Hi guys, first of all thanks for taking the time to read through

Then:
Bought a studio with 1 parking lot and subsequently purchased an additional parking lot from the developer

Cheque paid to developer for additional parking lot

Deed of assignment for parking lot issued from owner of Unit A (claimed as developer's representative) to me.

Now:
Now, strata title issuance, both Lawyer and Developer claims that said additional parking lot could not be stated in my strata title as the Land office does not allow transfer of said parking lot from Unit A attached to my unit.

Further queries to developer reveals that said developer while rushing to submit strata title application years ago submitted the application while tying the parcel (parking lot) to unit A before selling to me.

Owner of unit A now also wants to sell Unit A, lawyer claims that it is the duty of the owner of Unit A to ensure that another Deed of Assignment is executed between me and new owner.


So my questions as follows:
1. Is the Deed of Assignment(current owner name to me) enough to secure my rights to the parking lot, lawyer insists that it is (maybe a ploy to get me to execute my strata title asap)

2. After issuance of a strata title, is the Deed of Assignment still valid?

3. Lawyer says that any claims of the rights to the parking is to be done to current and future owner of Unit A and it is the duty of the current owner to inform the new buyer of Unit A to sign a fresh agreement with me. Is this valid?

4. Based on question 3, it seems to me that every time the ownership of Unit A changes hands, I'm at the mercy of the owner to sign a new agreement with the new owner with me bearing the cost and the initiative to even do so. Can the new owner of Unit A simply ignore my claims and claim the parking lot since its stated as Unit A's parcel accessory?


All in all, I'm just deeply concerned by the complications here as I've paid the Developer for this parking lot but I have to deal with the plethora of aftermaths of not actually owning it and not having it in my strata title.
Not to mention any future complications that might arise from Unit A changing owners

 

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