Land registry problems

RichyRich

dodgy_damo wrote: »

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

You can download the register entry from the Land Registry Web Site.

dodgy_damo

I just had a look at the land registry website. I think I will download both sets for upstairs and downstairs. I do know the freeholder is the lady downstairs, who I've met and is actually looking forward to someone moving in.
I cant remember when the vendor bought the maisonette, but the plans havent changed in 20 or so years (since 1981). I dont think her solicitor picked up on it, hence the sale went through with no probs.

Feanor

Yikes i'm scared now! lol.

Let me know what you find when you download all the plans for the other flats too! I might do the same.

Thanks for posting about this!

dodgy_damo

OK
I've downloaded the title plans for the upstairs flat (the one I'm buying) and downstairs (the freeholders)
My plan is the same as the copy my solicitor sent me outlining both gardens, and the front garden.
The downstairs freeholders copy is the same but includes some land that goes around the back of the property (some kind of alley that takes you to garages at the back)
But the leasehold plan for downstairs is drawn so that only one garden is taken up, not both like my copy.
My question is could this be land registrys mistake? Ie whoever drew the red lines around the pland may have had a few too many the night before. And its anyones guess to what this may cost?

silvercar

there could be some shared garden. By usage the upstairs flat has taken one and the downstairs the other, but legally they both may be shared.

Feanor

Hmm thats really weird isn't it !

I wish i could tell you what to do. Whats the next step then, just keep hassling your solicitor? Someone needs to find out how much its all going to cost eh..

dodgy_damo

I rang my solicitor today, but she wasn't in the office today (funny how whenever I ring shes busy!)
Left a message to call me tom. I'll try again tom too. When I do get through, I will offer to pay for issue up front, the money can be taken off final sale price, on the condition that they reimburse me if they pull out of the sale. Makes sense in my mind, lets see what my solicitor says?
Thnaks to all for advice thus far.

mark567

dodgy_damo wrote: »

Left a message to call me tom. I'll try again tom too. When I do get through, I will offer to pay for issue up front, the money can be taken off final sale price, on the condition that they reimburse me if they pull out of the sale. Makes sense in my mind, lets see what my solicitor says?
Thnaks to all for advice thus far.

If flats are self-maintained (i.e. no service charge), then normally a management company has been setup to deal with the administration of this. Often you either share the freehold, or somebody else owns it and you lease with other flat owners. Effectively, you are all in the same boat, and since you all have a vested interest in getting the maximum value from the sale of any of your respective flats you tend to work through little issues like this through the same mechanisms you'd use to decide whether the place needed painting etc...

I'd be very wary of a situation where you are the only leaseholder. The woman living downstairs may seem nice at the moment but she may sell, and I'm unsure what the next freeholder can do in terms of putting up groud rent and so on. I'd look carefully at any convenants you have to observe, simply because 'er downstairs is unlikely to also have to observe them, and she might decide to do something that increases the value of the freehold and decreases the value of your leasehold.

I'm really no expert in this area, so maybe someone else can comment, but if you have some other more 'normal' flats that you also have in mind I'd be weighing this up. OTOH Perhaps I'm just being paranoid ...

dodgy_damo

Ok
The good news...I havent had to make any unnecessary threats, or even pay anything up front for any changes. It seems the seller has got her act together (or more likely her solicitor) and we should be looking to exchange next week! My solicitor says the changes have been made and thanked me for my patience. I'm really hoping to complete before the 18th June as thats when I go away.
As far as covenants go, they all seem straight forward, nothing too out of the ordinary (no living in the shed or caravans in the garden). The ground rent is the same as when the property was built! I'm sure there are plenty of flats that are split into 2 that have a freeholder living in one, this property is a purpose built maisonette.