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  • FIRST POST
    • ft_buyer_29
    • By ft_buyer_29 5th Dec 17, 7:05 PM
    • 4Posts
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    ft_buyer_29
    Is this a complicated situation or am I being dense?
    • #1
    • 5th Dec 17, 7:05 PM
    Is this a complicated situation or am I being dense? 5th Dec 17 at 7:05 PM
    Hi Guys,

    Background about the situation

    I am a first time buyer and am very grateful for your advice!

    I am buying a leasehold flat (it has more than 100 years left on the lease) and it comes with an exclusive use of a car parking space.

    Amongst all paperwork the seller has sent, I have been going through 2 main documents:
    1. The lease
    2. The Title plan and deeds

    Background about the flat:
    1. It was built 14 years ago.
    2. It is on the first floor.
    3. The original owners (Called Owner A) bought it from a building agency.
    4. A few years later they sold it to my currency seller (Called Owner B).
    5. The landlord is the building agency. There is also a management agency.

    The issue

    When I look at the lease document, the flat is called “Unit 41 Xyz Court" with exclusive use of car park 10.

    When I look at the Land registry Title plan and Deeds, the flat is called “Flat 20 Some Road” with exclusive use of car par 20.
    1. The lease document and the title plan both have a drawing pointing to the same flat.
    2. They both state the flat is on the first floor.
    3. They both point at the same car park.
    4. All paperwork except the lease (including google search of the flat) match what the title registry document says (“Flat 20 Some Road”).

    What shall I do? Is this an issue? Is there a legal document that the seller must provide or does the lease need to be updated?

    Thanks for your help!
Page 1
    • davidmcn
    • By davidmcn 5th Dec 17, 7:11 PM
    • 6,249 Posts
    • 6,030 Thanks
    davidmcn
    • #2
    • 5th Dec 17, 7:11 PM
    • #2
    • 5th Dec 17, 7:11 PM
    No, it's all perfectly normal. Newbuilds are rarely identified by their ultimate postal address until they're complete, so the original documents will refer to whatever plot number the builders had allocated.

    I hope you've actually got a professional advising you?
    • ft_buyer_29
    • By ft_buyer_29 5th Dec 17, 7:16 PM
    • 4 Posts
    • 0 Thanks
    ft_buyer_29
    • #3
    • 5th Dec 17, 7:16 PM
    • #3
    • 5th Dec 17, 7:16 PM
    Hi David,

    Firstly thank you so much for such a prompt response.

    1. But as there is no reference to the correct flat number on the lease, won't that cause an issue at some point?

    2. Do I need to request a legal document that maps the plot number to the postal address ? And if so, what is this document called?

    3. Yes I have raised it with a solicitor but they are taking time to respond.

    Thanks again!
    • G_M
    • By G_M 5th Dec 17, 7:18 PM
    • 42,255 Posts
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    G_M
    • #4
    • 5th Dec 17, 7:18 PM
    • #4
    • 5th Dec 17, 7:18 PM
    As David says.

    The postal address won't have been allocatd until after the lease was created.

    So long as the Plans are accurate and it's clear which parking spot is allocated, you're fine.

    But well done for spotting this and asking! Many FTBs barely glance at the paperwork, let alone query it. Keep reading, you're doing well.

    and if in doubt, keep asking - either your conveyancer (I assume you are not DIYing) or here.
    • PasturesNew
    • By PasturesNew 5th Dec 17, 7:19 PM
    • 60,947 Posts
    • 356,011 Thanks
    PasturesNew
    • #5
    • 5th Dec 17, 7:19 PM
    • #5
    • 5th Dec 17, 7:19 PM
    Raise it with your solicitor and get them to double check it's all OK. That way you've flagged it up to them and they will specifically double-check.

    They often just ask you to sign to say "this is what I think I'm buying" and so won't be looking at some finer details/comparisons as you've just done. They do rely on you spotting oddities and raising specific questions.
    • ft_buyer_29
    • By ft_buyer_29 5th Dec 17, 7:27 PM
    • 4 Posts
    • 0 Thanks
    ft_buyer_29
    • #6
    • 5th Dec 17, 7:27 PM
    Thank you!
    • #6
    • 5th Dec 17, 7:27 PM
    As David says.

    The postal address won't have been allocatd until after the lease was created.

    So long as the Plans are accurate and it's clear which parking spot is allocated, you're fine.

    But well done for spotting this and asking! Many FTBs barely glance at the paperwork, let alone query it. Keep reading, you're doing well.

    and if in doubt, keep asking - either your conveyancer (I assume you are not DIYing) or here.
    Originally posted by G_M
    Hi G_M,

    Thank you for your encouragement!

    Yes I have just raised it with the solicitor. I am just over paranoid about every little detail as it has taken me a lot of years and effort to save the deposit. Its probably first time buyer syndrome?


    Raise it with your solicitor and get them to double check it's all OK. That way you've flagged it up to them and they will specifically double-check.

    They often just ask you to sign to say "this is what I think I'm buying" and so won't be looking at some finer details/comparisons as you've just done. They do rely on you spotting oddities and raising specific questions.
    Originally posted by PasturesNew

    Hi PasturesNew, yes I have gone ahead and raised this with them, hopefully they respond soon! Probably out of the scope of this thread but are solicitors responsible if they give you incorrect advice?
    • davidmcn
    • By davidmcn 5th Dec 17, 7:42 PM
    • 6,249 Posts
    • 6,030 Thanks
    davidmcn
    • #7
    • 5th Dec 17, 7:42 PM
    • #7
    • 5th Dec 17, 7:42 PM
    are solicitors responsible if they give you incorrect advice?
    Originally posted by ft_buyer_29
    Yes, they are. That's one of the main reasons for using them! Means you don't need to double-check everything by asking weirdos on the internet.

    But did they really just send you the titles without any comment of their own? Not even "we've had a look at this and it all seems fine"? Are they planning to explain to you what the lease contains etc?
    • G_M
    • By G_M 5th Dec 17, 7:46 PM
    • 42,255 Posts
    • 49,060 Thanks
    G_M
    • #8
    • 5th Dec 17, 7:46 PM
    • #8
    • 5th Dec 17, 7:46 PM
    Is the solicitor local to you?

    If you have queries, and especally if there's any hint of a potential conflict of interest, go in and see your solicitor for face-to-face explanation.
    • ft_buyer_29
    • By ft_buyer_29 6th Dec 17, 7:14 PM
    • 4 Posts
    • 0 Thanks
    ft_buyer_29
    • #9
    • 6th Dec 17, 7:14 PM
    • #9
    • 6th Dec 17, 7:14 PM
    Yes, they are. That's one of the main reasons for using them! Means you don't need to double-check everything by asking weirdos on the internet.

    But did they really just send you the titles without any comment of their own? Not even "we've had a look at this and it all seems fine"? Are they planning to explain to you what the lease contains etc?
    Originally posted by davidmcn
    Hey David, they are currently working on it at the moment, This was just the research I did on the side to be absolutely sure. I guess when they come back with a report it would have more clarity?


    Is the solicitor local to you?

    If you have queries, and especally if there's any hint of a potential conflict of interest, go in and see your solicitor for face-to-face explanation.
    Originally posted by G_M
    Ok G_M good idea! I will do that! May I ask, for a flat is the absolute proof of ownership a combination of the lease document and the title deeds or just one of them?

    Thanks for all your support guys!
    • G_M
    • By G_M 6th Dec 17, 10:22 PM
    • 42,255 Posts
    • 49,060 Thanks
    G_M
    Ok G_M good idea! I will do that! May I ask, for a flat is the absolute proof of ownership a combination of the lease document and the title deeds or just one of them?
    Originally posted by ft_buyer_29
    Ownership records are maintained electronically nowadays (in most cases) by the Land Registry. The Title document records who the registered owner is.

    The lease confirms the details of exactly what the terms of that ownership are.
    • ThePants999
    • By ThePants999 6th Dec 17, 11:23 PM
    • 900 Posts
    • 1,054 Thanks
    ThePants999
    The lease won't end up with your name on it, so it wouldn't do a very good job of proving your ownership :-)
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