Legal Question in Real Estate Law in District of Columbia

Re: Assignable property

According to your narrative the buyers who purchased your townhouse also purchased the right to use the parking space until March 06. If true, these buyers would also then have the right to sell the townhouse along with the use of the parking space until March 06. They would not be selling the parking space itself but merely the right to use it up to the previously stipulated time.

If all of the above is correct, I don't understand

why it doesn't make sense to you as it makes perfectly good(legal)sense to me.

Re: Assignable property

This is not a cut and dry matter. to start... your townhouse is probably located within a PUD (Planned Unit Development) which means that there is most likely an HOA (Home Owners Association). The rules and regulations of the HOA are to be considered: some HOAs do not allow owners to sell the units indipendently of their parking spaces... if that is the case than the transaction which allowed you to sell the townhouse without "selling" the parking space may not be valid: then you need to go back and cure the defect! if your HOA does not have a similar provision, then you retain the full ownership of your space... as long as there is nothing to the contrary in writing (I'll get to that is a second). Now: this could be looked at the same way you would look at a rental/lease of an apartment: did you mean for the right to use the parking space to be assignable? did you have a written document that regulates the use of the parking space? assuming that the sale of the townhouse with the use of the parking until 2006 is perfectly valid then the current owners may just sell the house and "transfer" the use of the parking spot until 2006. How did you protect your self as far as you retaining the ownership of the parking Also: you really need to go back to the Deed that you signed!!! Did you sign a deed which incorporated the parking space? a title search will be done by the title company before the townhouse is sold. if there is nothing on record that shows that you still own the parking space... I am afraid that the new buyers would get it as they are bona fide purchasers. So as you see there are several sides of this issue and you truly need to make your position known to the current owners, real estate agents involved and title company that is doing the closing.

Good luck.