Land registry problems

dodgy_damo

Ok the short... I'm a FTB
I made an offer on a 2bed upstairs maisonette which was accepted in mid-Feb.
Basically the survey and searches have been and even the contract has been signed.
I've now been told that the sale cant go ahead becuase of problems with the land map from Land registry (the map shows that I have 2 gardens and the front garden too!)
The vendor seems to be stalling, and stating that she cant afford to pay for this to be dealt with. 3 weeks this has gone by now, since this revalation! My solicitor says she cant sell the property w/o dealing with this.
Has anyone any idea of what it would cost to rectify, if we are talking a few hundred then I will be willing to bite the bullet just to get things finalised. My solicitor has said it could be a few hundred, but could go to over £1000! Something to do with changing the "deeds of participation"?
I was putting off a holiday with my girlfriend for a long while due to expecting to move in, but have now decided that I will go away and deal with this when I get back(mid june).
Should I be threatening to pull out, pressuring the estate agent, my solicitor ,etc? Anyone else had similar experience or got any advice?
Thnaks in advance

silvercar

Either the vendor wants to sell or doesn't If the vendor can't afford to sort the problem out then you could reduce the price by the cost of sorting it. I would tell your solicitor to inform the vendor's solicitor that you will drop the price by the cost of sorting it out and pay the costs and that you want to know that they are sorting out the deeds and want to exchange within 3 weeks or you are pulling out.

As the deeds show you have more than expected, id there a problem with exchanging on the current deeds? Its not like you would be signing to lose something that you are expecting.

paddy's_mum

I would be very careful indeed here. I believe that your solicitor is quite right - it would, in my view, be very difficult for your vendor to sell without rectifying the Register. Even if you drop out, the next purchaser along is highly likely to get the same advice from their own solicitor and so on ...

Your solicitor is probably being as accurate as he is able to be about the likely cost of rectification of title. However, there is, in my view, a very big BUT here ... if you decide that for the sake of not losing the sale, you will cough up the necessary fees, wait the weeks or months that rectification will take, and only after that does the seller decide that she 1. doesn't wish to move after all or 2. decides to sell to someone else as she didn't like the colour of your socks! What happens then? You will have been obliged by Land Registry's own rules to pay up front, the papers go off, must be returned to the owner of the property and you have no recourse whatever if a sale does not go ahead.

Very dodgy proposition, in my opinion, but you may decide it is worth the risk of possibly throwing away hundreds of pounds. Good luck.

Doozergirl

Don't let buying a property stop you from living because it will, without doubt, make you miserable.

The way I'd go around it is to pay for the issue to be sorted and get it knocked off the agreed sale price at the end.

She won't sell to anyone if she doesn't sort the issue. of course, owning too much land is hardly as huge a problem as owning too little! I doubt it will cost much to rectify.

Ask your solicitor to spell out to you, in bullet points, exactly what needs to be done and whether it is something you can address.

I also suggest you speak directly to your vendor before you spend out to establish that she is a genuinely motivated seller.

Never threaten to pull out. It's so tedious for everyone involved as people rarely follow their threats through. You either pull out or you don't. End of.

Sometimes you have to take the hit to get what you want in the end. the result is worth it.

dodgy_damo

"Either the vendor wants to sell or doesn't?"
My thoughts exactly, apparantly she tried to get £2000 off the property she's buying after the survey came back

If the vendor can't afford to sort the problem out then you could reduce the price by the cost of sorting it. I would tell your solicitor to inform the vendor's solicitor that you will drop the price by the cost of sorting it out and pay the costs and that you want to know that they are sorting out the deeds and want to exchange within 3 weeks or you are pulling out.
This is an option i intend to discuss with my solicitor. I am willing to pay the costs upfront to get the ball rolling

As the deeds show you have more than expected, id there a problem with exchanging on the current deeds? Its not like you would be signing to lose something that you are expecting
My solicitor says I cant exchange until this is dealt with, so it'll need a change in the deeds.

TBH this wasnt my first choice in property, it does need work, new kitchen bathroom,etc. I obviously want top get in and start renovations.The vendor is really unhelpful at this point and maybe the threat of me pulling out will pull her into check? Another point of note is that although she is buying somewhere else, she is not currently living in the property, it is empty, so its not like I'm pushing her out?

paddy's_mum

dodgy - your solicitor is right to be ultra cautious. What if two of the three gardens shown on your deeds are shown on the registered title to other maisonettes? You may be moving headlong into a neighbour feud without having put a foot wrong yourself.

You may care to download the title deeds of the other maisonettes (from memory they are less that £5 per) and see what is shown on their deeds. If you trust your solicitor, and don't want to possibly wave goodbye to a large sum of money, please be very careful.

dodgy_damo

Doozergirl- Too late the misery has set in...but I've just booked my flight today, so will relax a bit now....let the property game take its course.
It's clear it cant be sold w/o dealing with this. Paddys Mum did point out some apprehensions, but if it falls through now I've already lost survey,search costs and soliciotr fees.
The vendor is speaking through a legal advisor (I beleive it's her Mum), the story goes she had to leave the area due to domestic violence. I was told that a quick sale was needed, the property was empty too!
I dont like idle threats myself, but friends have all been suggesting to threaten to pull out!
Can I have it put to writing that I'll pay these costs upfront but if the sale falls through that I will get these costs back (small claims court?)

dodgy_damo

Paddys Mum- where can I dowload these title deeds from?

Feanor

hi,

This is so weird, i downloaded the title plan for the maisonette we are buying this morning and it shows the same thing! The red line goes all the way around both back gardens and the front garden. I posted about it on here!

The only thing i can think is to download the one for the other maisonette and see if its also on their title plan?

I personally think in your situation the vendor should be paying these costs!

Do you know when she bought the property? Surely this would have come up at the last sale?

Do you think i should forward on my findings to my solicitor?

prudryden

Does this flat own a portion of the freehold? Could it be that the gardens are shared ownership?

Feanor

As far as we have been told so far it is leasehold but the ground floor flat is responsible for foundations/drains etc and the top floor responsible for roof. £50 ground rent a year, no service charges or maintenance charges they are self maintained.

Could it be the garden is 'shared' but the agreement has always been to split the garden as it does have a fence in the middle of it.

Sorry to hijack, but its on the same subject, how weird eh!

Oh and you can download the plans/deeds from the land registry website and get them instantly, they are £3 each and £5 for deeds.