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Leasehold extension never registered
pablo23
Posts: 1 Newbie
Ok, this is slightly complicated so bear with me
Facts:
* I bought a flat on the understanding that it had 89 years remaining on the leasehold.
*I have a letter from the conveyancing solicitor saying there are 89 years remaining on the leasehold.
*I have a copy of the first page of the leasehold extension legal document (a deed of variation) though not the second page with signatures. this first page has legal seals and stamps.
* The crunch - it was never registered with the Land Registry and their records show that the lease has only 48 years left to run.
What I have done so far:
* Spoken to the Land Registry - they say that if I have the original extension document from the freeholder it will cost me a nominal admin fee (£50) to update their records
* They say if freeholder does not have document/refuses to give me document I can present Land Registry with the (incomplete) copy that I have and their lawyers will decide if it stands or not.
* Spoken to a no win-no fee solicitor who thinks I have a good case against my conveyancing solicitor for negligence.
My question:
* obviously I want to resolve this with a little pain to myself as possible, and preferably without damaging relationships with freeholder (also neighbour...). I would appreciate any thoughts/advice on my legal position and also wondered what will happen to my freeholder if he denies the extension ever happened then the Land Registry/other legal body rules that it did.
Thanks.
Facts:
* I bought a flat on the understanding that it had 89 years remaining on the leasehold.
*I have a letter from the conveyancing solicitor saying there are 89 years remaining on the leasehold.
*I have a copy of the first page of the leasehold extension legal document (a deed of variation) though not the second page with signatures. this first page has legal seals and stamps.
* The crunch - it was never registered with the Land Registry and their records show that the lease has only 48 years left to run.
What I have done so far:
* Spoken to the Land Registry - they say that if I have the original extension document from the freeholder it will cost me a nominal admin fee (£50) to update their records
* They say if freeholder does not have document/refuses to give me document I can present Land Registry with the (incomplete) copy that I have and their lawyers will decide if it stands or not.
* Spoken to a no win-no fee solicitor who thinks I have a good case against my conveyancing solicitor for negligence.
My question:
* obviously I want to resolve this with a little pain to myself as possible, and preferably without damaging relationships with freeholder (also neighbour...). I would appreciate any thoughts/advice on my legal position and also wondered what will happen to my freeholder if he denies the extension ever happened then the Land Registry/other legal body rules that it did.
Thanks.
0
Comments
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First of all speak to your neighbour, if they have the required documentation it just needs to be submitted.
If that fails I would contact your conveyancing solicitor. It seems logical to give them the option of putting things right before engaging another solicitor. All solicitors have professional indemnity insunrance. If they have made a mistake it will cover the cost of putting it right.I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.0
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