Deed of Rectification - timescale

hazyjo

Hi All

We've been told we need a Deed of Rectification (which the sellers will have to sort).

Basically, the two garages that come with the house we're buying are not listed on any legal documentation as belonging to the house (every other house and garage is there, bar ours - great). The house is 8 years old and the current owners have been there since day dot. Been told their solicitors obviously 'messed up' (putting it politely) when they bought.

Just wondered if anyone knew how long it might take to arrange for the Deed of Rectification? Is that too vague a question?

Did find another similar question after searching, but unfortunately there weren't any replies.

Our mortgage offer runs out soon so we're slowly reaching panic point.

Getting so fed up with this house buying malarkey!

Many thanks,

Jx

Richard_Webster

Who owns the garages then - the original builder still or someone else because they got the paperwork wrong?

If it is the original builder it will be simpler than if someone else!

hazyjo

Thanks for replying, Richard.

Our solicitor has today said the garages remain in the ownership of the original freeholder. Would that be the original builder? Or am I asking too vague a question?

Haven't asked our solicitors who the freeholders are as have only really needed to refer to them today. It's probably on a document at home, but I could ask our solicitor now if that helps...

There are flats over the garages, so I'm not sure if that changes anything... do big developers tend to hang on to the freehold of flats/garages or do they sell off? Can't say I've ever given it much thought.

So stressed with it all now!

Jx

Richard_Webster

If there are flats over then probably the freeholder would have had to grant leases of the garages so he could keep control of the building as a whole and they forgot to do that.

Is the house you are buying leasehold? If so they could do a deed of rectification adding it to the lease.

If it is freehold then they will have to draw up a separate lease for the 2 garages or one for each garage and that might take longer.

hazyjo

The house is freehold.

All of the other properties in the street with garages in the same area have been listed on the Register of Title. It's just ours that's missing!

There's no doubt that the two garages come with the house, it's just that we need legal proof (obviously). The current house owners have always paid a service charge (which covers buildings insurance for the garages) and there's never been any doubt as to who owns those two garages. I've no idea how their solicitor missed all this when they bought.

It's been dragging on for weeks and now we've come to this. So damn annoying.

Do you know if we're talking weeks or longer here? Not sure I want to know!

Thanks, Richard.

Jx

hazyjo

*UPDATE*

The freeholders aren't the developers. It's another company.

The vendors' solicitors are saying a Deed of Rectification will take a considerable amount of time to sort, and maybe an indemnity cover would suffice. Our solicitor was a bit iffy saying to us:

"However at this stage whilst I have written to the company that we utilise I do not know whether a suitable indemnity cover can be offered. The seller’s have offered to provide a Statutory Declaration as to their user but this does not really take us much further without some sort of an indemnity to you may fall back on if there is a problem at some stage in the future over use of the garages."

Apparently our solicitor has indicated to the vendors' solicitor that it would possibly be acceptable, but not ideal.

If they can sort out a suitably worded indemnity cover, do you think it would be advisable to go down this route? My reasoning is that if we have to obtain a Deed of Rectification when we come to sell the house (many years down the line hopefully!), it will cost us money. But then if we do it now, we risk our mortgage offer expiring and it would therefore cost us money in that respect - plus the money we'd have lost, would be stressful, time consuming and, in this market, obviously we run the risk of them deciding to reduce our mortgage offer. Plus, it might be that when we sell, we won't actually need a DOR and that the indemnity cover would suffice.

Many thanks for any assistance!

Jx