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Missing Deed of Variation
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Scientist
Posts: 2 Newbie
I am looking to buy a flat which is leasehold. Around 6 years ago a Deed of Variation was added which the current owners and their solicitors cannot locate.
The current owners do not know what was specified in the Deed of Variation which is a problem as it might have been something minor like correcting a spelling mistake or something significant such as location of garage
Can anyone advice on the options available to overcome this issue?
Thanks
The current owners do not know what was specified in the Deed of Variation which is a problem as it might have been something minor like correcting a spelling mistake or something significant such as location of garage
Can anyone advice on the options available to overcome this issue?
Thanks
0
Comments
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Have the freeholders been contacted to see if they have their copy?0
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Hi fannyanna
Thanks for the reply
Yes I think so and I am waiting to hear if the freeholder has a copy. But what if they cannot locate it?0 -
No idea. What does your solicitor say?
I would guess that the DOV would in effect be ignored - as no one would know what it said.0 -
Check the Land Registry? Not that I am a property lawyer but some restrictions are recorded on the data you can download.
https://eservices.landregistry.gov.uk/www/wps/portal/!ut/p/b1/04_Sj9CPykssy0xPLMnMz0vMAfGjzOKNjSxMDA1NjDwsjM3MDTxN3dyNDUNMjQ1MjPWDU_P0C7IdFQG9k5Tz/0 -
Seems a fair point. If neither the freeholder, nor the leaseholder, knows what is in it, then neither can enforce it on the other can they?
Try the mortgagee or any chargeholder- they may be affected by the DoV.
A DoVs affecting the lease such as an extension of the term are registered at HMLR.Stop! Think. Read the small print. Trust nothing and assume that it is your responsibility. That way it rarely goes wrong.
Actively hunting down the person who invented the imaginary tenure, "share freehold"; if you can show me one I will produce my daughter's unicorn0
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