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.
may I ask if you are using the same solicitor to sell as you did to buy please?
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?
is it the same firm or a different firm.you are using?
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
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
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.
if you can show loss due to delay you may have a claim against the original.solicitor.
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.
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
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.
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.
once this is done your title will be updated and the sale can complete
The HA are likely to require some pushing to get them to respond in the timeframe you wish
is there anything above I can clarify for you?
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
re payment unfortunately you at first but as above if your original solicitor is negligent you can claim back costs and losses from them
otherwise you have the process spot on
is there anything else I can help you with?
a please. let me know if I can assist further as the situation develops
good luck with your sale