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Joshua
Joshua, Lawyer
Category: Property Law
Satisfied Customers: 25490
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I live in a flat, it is leasehold. It was newbuild 5 years

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I live in a flat, it is leasehold. It was newbuild 5 years ago and on purchasing they did not have the accurate land registry documents. I was given a conveyancing plan detailing the flat in blue and the garden in red. I have since bought all the flat; it was a part buy part rent flat, and have since sold it. When I bought it and got the documents from the land registry, they only detail the flat and not the garden as part of the title. My solicitor did not pick up on this and my purchase of the flat completed with this incorrect document. My buyers of my flat though have noticed that the garden is not listed and refuse to compete until the garden is listed on the land reg document. I have asked my solicitor to sort this and it has now been about 2 months and nothing is sorted. I keep getting told that they are liasing with the housing association to find out what to do. My solicitor said that we cannot sell until the land reg is correct......but I was able to buy it with incorrect land reg documents! I feel I am not being told everything and need so e help understanding this issue. If this isnot resolved soon, the. Buyers will pull out and we will be unable to move. Can tou help?
Submitted: 3 years ago.
Category: Property Law
Expert:  Joshua replied 3 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

may I ask if you are using the same solicitor to sell as you did to buy please?

Joshua :

was the solicitor you used to buy aware that the garden was to be included? I.e. from being told by you or from the sales particulars?

Customer: When i initially bought 5 years ago it was one, and now 5 yearsvlater it is another.
Joshua :

is it the same firm or a different firm.you are using?

Customer: Different firm
Customer: she may not have been aware of the garden, but never asked me to check and even when I was sent the land reg documentsby her she left out the ordinance survey..
Customer: ...but sent this to the buyers solicitors who picked it up
Customer: Sales particulars of the flat though made it very clear a garden was included.
Joshua :

thanks. this would appear to be a matter of potential negligence on the part of your original solicitor. it would be potential defence for the original solicitor to show she could not have been aware that the garden should have been included but she should have confirmed you were happy that the plans corresponded with what you expected to receive

Joshua :

if the original solicitor was negligent then you have a complaint against them and can potentially hold them liable for any loss you suffer as a result of the negligence. you may wish to notify the original firm of the position and that they should consider the matter a formal complaint

Customer: My main aim here is not to lay blame as mistakes can happen. What I need help with is how to get the matter sorted and why it is taking so long?
Customer: All the flats have gardens in the complex and the conveyancing plan proves the gardens belong to the flats
Customer: The housing association has just never updated this
Joshua :

unfortunately based on what you say there is no short cut with regards XXXXX XXXXX garden. if you can establish a contractual right to it then the HA must transfer it to you. if this is the case considering making a nuisance e of yourself with the HA as they can be slow to respond and you calling daily can encourage the relevant officer to pull their finger out to stop the daily phonecalls.

Customer: Now 5 years later nobody knows what to do!
Joshua :

 


if you can show loss due to delay you may have a claim against the original.solicitor.

Customer: So the HA needs to rectify the land reg?
Joshua :

 


the worst case scenario would be that you have no right to the garden in which case you may have a claim against the original solicitor for the loss in value to your property.

Customer: Cause they initially said that I had to!
Joshua :

it is your responsibility to correct your title via your solicitor but this will require the HAs consent. if the original solicitor is at fault as above they will be liable for any costs and losses you suffer as a result

Customer: What would be the process then?
Joshua :

 


if you are forced to make a complaint against them and cannot resolve the matter between you amicably you can complain free of charge to the legal ombudsman service which has the power to award compensation where they find fault.

Customer: Okay but what are the next steps in adding the garden?
Joshua :

for now it would seem pestering the HA to respond to your solicitors request. From what you say I suspect a deed of rectification will need to be prepared to rectify the lease plans and definitions. this can be prepared by either your solicitor or the HA and would need to be signed by you and the HA and then registered at the Land Registry.

Joshua :

once this is done your title will be updated and the sale can complete

Joshua :

The HA are likely to require some pushing to get them to respond in the timeframe you wish

Customer: (I ask because I get the impression that the gardens are part of the flats but nobody knows how to update the records.)
Customer: would you know a possible time frame for this?
Joshua :

is there anything above I can clarify for you?

Customer: Hard question to answer .i know!!
Customer: So to summarise, I need the HA consent, they create a rectification and this gets sent to land reg. who pays?
Joshua :

in principle it could be 1-2,weeks assuming everyone deals with everything same or next day. realistically that is not going to be the case with the HA. I would expect an extra 1-2,weeks on top if you are lucky. The more they are pestered the more likely they are to perform

Joshua :

re payment unfortunately you at first but as above if your original solicitor is negligent you can claim back costs and losses from them

Joshua :

oototothotheotherotherother w

Joshua :

otherwise you have the process spot on

Joshua :

is there anything else I can help you with?

Customer: Okay great thanx! Very helpful!
Joshua :

a please. let me know if I can assist further as the situation develops

Customer: Im good.....unless you can add my garden!!!!
Customer: Will do! Much appreciated!
Joshua :

good luck with your sale

Customer: Thank you..if it goes through that is!
Joshua and other Property Law Specialists are ready to help you

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