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Variation of Deed

lilab_2
lilab_2 Posts: 116 Forumite
Mortgage-free Glee!
edited 12 April 2011 at 2:22PM in House buying, renting & selling
Following on from my saga of trying to buy the shared freehold flat which the vendor thought didn't have to have a lease:

His solicitor has now informed him that there must be a lease.
The title and register documents outlined the wrong flat
The loft conversion making it a two storey flat is not mentioned on the Land Reg documents.

My solicitor says we can't progress until their solicitor sorts out the Variation of Deed.

Assuming their solicitor gets cracking on this does anyone have any idea how long it might take to get the paperwork done, off to Land Reg and then back from Land Reg?

All help very gratefully received.:)

Comments

  • Land Registry would take about a week to do their part but if the seller has a mortgage then seller's mortgage lender will have to agree and seller also has to get the freeholder to sign variation deed - so those are possible causes of delay.
    RICHARD WEBSTER

    As a retired conveyancing solicitor I believe the information given in the post to be useful assuming any properties concerned are in England/Wales but I accept no liability for it.
  • lilab_2
    lilab_2 Posts: 116 Forumite
    Mortgage-free Glee!
    Thank you Richard Webster (again). :) I'm starting to think that maybe I should be looking elsewhere now. My buyers are ready to exchange.
  • lilab_2
    lilab_2 Posts: 116 Forumite
    Mortgage-free Glee!
    edited 12 April 2011 at 3:43PM
    Land Registry would take about a week to do their part but if the seller has a mortgage then seller's mortgage lender will have to agree and seller also has to get the freeholder to sign variation deed - so those are possible causes of delay.


    As this is shared freehold owned by the 6 residents who then formed a ltd management company, do they all have to sign to agree or would just one or two directors be sufficient?
  • Jenniefour
    Jenniefour Posts: 1,396 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker Mortgage-free Glee!
    No, only company Secretary and one other Director needed to issue you with your share certificate, as mentioned by Richard Webster on the other thread.

    OP - it looks like all may be well - I say that with some caution!
  • lilab_2
    lilab_2 Posts: 116 Forumite
    Mortgage-free Glee!
    Thank you Jenniefour. I hoped it would be the same as before regarding signatures, so that should cut down some of the waiting time.
    I've been buying and moving since 1982, through recessions and dips and troughs and all sorts. I've never had such a complicated one and it's given me the jitters this time. So I'm really very grateful for all the help and advice.
  • DVardysShadow
    DVardysShadow Posts: 18,949 Forumite
    lilab wrote: »
    Following on from my saga of trying to buy the shared freehold flat which the vendor thought didn't have to have a lease:
    Previous thread: https://forums.moneysavingexpert.com/discussion/3156534

    [It is easier if you stick to the one thread rather than spawning new threads for each update]
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • lilab_2
    lilab_2 Posts: 116 Forumite
    Mortgage-free Glee!
    Previous thread: https://forums.moneysavingexpert.com/discussion/3156534

    [It is easier if you stick to the one thread rather than spawning new threads for each update]


    Thank you for that but I thought it was a new thread as this was specifically about Deed Variation as opposed to the lease/freehold problem. I thought other people may also come up with this. It wasn't an update it was a genuine new question.
  • lilab_2
    lilab_2 Posts: 116 Forumite
    Mortgage-free Glee!
    This was not a thread update it was a new question about something else. It had nothing to do with the lease it was about how long Land Registry would take to turnaround the Deed of Variations, which were to do with title and register and not the lease. I don't see why I have to be going back and forth to a slanging match over something that I thought was genuine.

    Just because the property is the same, doesn't mean that different problems/topics/issues haven't raised their ugly heads whilst I have been trying to purchase it.

    Can't really be bothered with a jobsworth attitude to people and such pedantic nitpicking over something which has been so very worrying to me, - different topics regarding the same property.

    They are different problems, not the same.

    Forum = 1
    Fora = multiples.

    I thank Richard Webster and Jenniefour for all their useful help, which has been very much appreciated.
  • lilab_2
    lilab_2 Posts: 116 Forumite
    Mortgage-free Glee!
    I have been more than polite to those who have helped me and I am extremely grateful to them for their free advice. I have equally given such in other posts. I don't know why you have chosen to go for me, when I have done absolutely nothing at all wrong. Why didn't you just ignore what you perceive to be a transgression rather than pick on people who have nothing but worries and problems on their minds in these dire economic times.

    Just leave me alone.
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