In Malaysia, the ownership and transfer of accessory parcels, such as parking lots, are subject to the Strata Titles Act 1985 and the terms of the Sale and Purchase Agreement (SPA). Here’s a detailed look at your situation:
Understanding the Issue
SPA Inclusion: Your SPA includes the parking lot, which means there's an agreement between you and the seller that you will receive the parking lot as part of the purchase.
Strata Title: The strata title (grant) for your service apartment shows "accessory parking as nil," indicating that the parking lot is not officially recognized as part of your unit in the land office records.
Key Points to Consider
Legal Ownership: For you to legally own the parking lot, it must be officially transferred and registered in your name. The strata title is the definitive legal document that records ownership. If the strata title does not list the parking lot, it means the transfer has not been officially recognized.
Separate Titles for Parking Lots: In many cases, parking lots in strata developments have separate titles. If this is the case, the parking lot would need its own title transfer process.
Developer and Land Office Approval: Transferring a parking lot from one unit to another may require approval from the developer and the Land Office. This process can be complex and requires proper documentation.
Steps to Resolve the Issue
Consult Your Lawyer: Discuss the discrepancy with your lawyer. They can provide specific advice and help initiate the necessary legal steps to correct the issue.
Check for Separate Title: Confirm whether the parking lot has a separate strata title. If it does, ensure that the title transfer is completed correctly.
Amendment of Strata Title: If the parking lot is meant to be an accessory parcel to your unit, you might need to apply for an amendment to the strata title. This will involve:
Submitting an application to the Land Office.
Possibly obtaining consent from the management corporation and the developer.
Read More
Either ask for compensation or enjoy the carpark until the owner sells the house unit that owns the carpark. Then you will run into problem with the new owner.