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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 70420
Experience:  Over 5 years in practice.
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I am selling a leasehold flat. The purchasers' solicitor is

Customer Question

I am selling a leasehold flat. The purchasers' solicitor is not satisfied with the lease that has been provided. (It is the document given to me when I bought the flat 9 years ago). He says that the plan is missing, at least in part. The freeholder and the managing agents have been unable to supply a counterpart lease.
The office copy of the lease from the Land Registry gives a full description of the Demised Premises but without a plan. The Register Plan and current Title Plan obtained from the Land Registry shows the extent of the property outlined in red. The solicitor is not satisfied with this. Is it possible to take indemnity insurance to resolve this matter.
Submitted: 2 years ago.
Category: Property Law
Expert:  Remus2004 replied 2 years ago.
Thank you for your question. My name is ***** ***** I will try to help with this.
Will the solicitor agreed to accept an indemnity policy in respect of the missing deed plan?
Customer: replied 2 years ago.

Is there any reason why the solicitor would not accept this? Is it necessary anyway as the terms of the lease and extent os the property are clear?

Customer: replied 2 years ago.

Is there any reason why the solicitor would not agree? Is it necessary anyway as there is evidence of the lease and title plan?

Expert:  Remus2004 replied 2 years ago.
Some solicitors can be unnecessarily pedantic. If the solicitor is asking for a reconstituted plan this could be extremely time-consuming because the plan needs agreeing by the freeholder and needs to be incorporated into the deed of lease with a deed of variation/amendment. That needs then to be registered at the land Registry. It would not be a quick process and is likely to be not cheap.
In circumstances like this there has never been a dispute over the extent of the property, the solicitor should accept an indemnity policy. Such a policy is not expensive.
However if he is insisting on a plan and it's not available, either he accepts indemnity or you bite the bullet and do the work or find another buyer.
It would be normal for the indemnity policy to be paid by you. It is not expensive.
Can I clarify anything for you?