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Deed of variation
rs82uk
Posts: 154 Forumite
We are 11 weeks on since accepting an offer on the flat we are selling.
The buyer's solicitors have had all the plans and paperwork for several weeks however today a new issue has come up which is that the buyer does not want to exchange until we get a deed of variation completed. This is due to a typo in the original deeds of the Flats which specified that the parking space is numbered and edged in a colour, it is numbered and outlined but in grey not a colour.
So now as we enter 12th week they want the deed of variation done, all 20 flats in the development have the same issue and the management company have never had anyone question it or ask about a deed of variation since it was built in 1990.
A) what are people's opinions on this
how much is it likely to cost to get a deed of variation and how long does it take.
The buyer's solicitors have had all the plans and paperwork for several weeks however today a new issue has come up which is that the buyer does not want to exchange until we get a deed of variation completed. This is due to a typo in the original deeds of the Flats which specified that the parking space is numbered and edged in a colour, it is numbered and outlined but in grey not a colour.
So now as we enter 12th week they want the deed of variation done, all 20 flats in the development have the same issue and the management company have never had anyone question it or ask about a deed of variation since it was built in 1990.
A) what are people's opinions on this
how much is it likely to cost to get a deed of variation and how long does it take. Making money online in 2009 to date earnt:
Since January 2009
£35 Searching for stuff
$11 Clicking on stuff
Since January 2009
£35 Searching for stuff
$11 Clicking on stuff
0
Comments
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A) a very picky buyer, or more likely a very picky solicitor! your solicitor's fees, the management company's solicitor, the Land Registry fee, (possible involvement of the other 19 flats? agreement needed? legal fees?) !!!
Could be costly AND slow (weeks or months), but if you are using a solicitor, what has he said?
Personally I'd give the buyer an ultimatum: "stop being so daft and messing me about. Exchange this week or I'm putting the flat back on the market".0 -
Are they looking the original deeds and plan or a scanned or file copy?
Sadly, parking is an important issue and makes a huge difference to amenity and value.
DoV cost from £150 to £500 and the slowest apart will be getting the lenders agreement. The otehr parties to the lease may have some costs too.
Would they not accept your statutory declaration, and that of the the earlier owners if applicable contactable that you have used that space for say 12 years?
Frankly if the freeholder wrote via their solicitors to say that space x is recognised as the space under the lease, is sufficient.
The FH may have a counterpart with a coloured plan indicating that some one has been sloppy and attached a photocopy not coloured plan to the original lease.
Has your solicitor not suggested simply filing a new title plan?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 -
You would need to ask your solicitor how much a deed of variation will cost, also see if the freeholder will go for it or will charge. I thought the same as Propertyman, maybe you don't have the original coloured plans but a copy?Declutterbug-in-progress.⭐️⭐️⭐️ ⭐️⭐️0
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Need to wait till monday to speak to my solicitors the management company has no plans showing the colourMaking money online in 2009 to date earnt:
Since January 2009
£35 Searching for stuff
$11 Clicking on stuff0 -
Need to wait till monday to speak to my solicitors the management company has no plans showing the colour
But are the Man Co the freeholder or their agent?
Have you gone to HMLR yourself and downloaded the lease and or title plan?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 -
ThaT was my next question if the original was coloured would it show as such on the plans I can download from the land registryMaking money online in 2009 to date earnt:
Since January 2009
£35 Searching for stuff
$11 Clicking on stuff0 -
Isn't grey a colour?
If it has to be a colour other than grey can't the management company buy a pot of paint and employ a painter?
Shouldn't the spaces be re-outlined every couple of years anyway?0 -
Isn't grey a colour?
If it has to be a colour other than grey can't the management company buy a pot of paint and employ a painter?
Shouldn't the spaces be re-outlined every couple of years anyway?
I keep looking for a smiley...
In case you were serious they mean the colour in the plan in the lease which is likely red.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 -
Would the buyers accept indemnity insurance? Shouldn't cost too much and would get your sale moving.
No longer trainee
Retired in 2012 (54)
State pension due 2024 (66)
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In case you were serious they
mean the colour in the plan in the lease which is likely red.:)
Two for joy.....I keep looking for a smiley...specified that the parking space is numbered and edged in a colour, it is numbered and outlined but in grey not a colour.
But in case you're right, buy a pot of red paint......0
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