Deeds not transferred on leasehold garage, owner missing!

dizzybee001

Hi, sorry this is really long and complicated.
I am hoping someone can give me some honest advice.
I bought a townhouse 5 years ago with a garage under a coach house. At the time I was not told that the garage was leasehold, and it never occurred to me to ask. My solicitor sent back queries to the sellers solicitor as there was a clause in the land registry contract? for the house about it not being able to be sold without the leasehold of the apartment. The sellers solicitor came back with the answer that it 'must be an error as the house is freehold'.
I have had sole use of the garage, have never been asked for any contribution for any insurance, etc. Neither has my neighbour who owns a garage in the same block.
It's only now that I want to sell my house, that I have discovered that the garage is indeed leasehold and there should be a separate land registry document for it. I have looked through all the correspondence from my solicitor and the original contract between Persimmon and the original buyer shows the draft leasehold contract and draft land registry document.
I have got in touch with my solicitors firm (the solicitor that dealt with my purchase has now left), and they have discovered that the land registry certificate for the garage was never transferred from the original owner to my seller.
There have been three owners of the house - the 1st bought the house new
Then the second was my seller.
So, the garage needs to be registered into my name, as the house is.
This is my problem. I am in touch with the original owner, and he has agreed to sign whatever is necessary to transfer the leasehold to me. Unfortunately though, his ex-partner who co owned the house with him has vanished, it was an ugly split and she has disappeared, even if we did manage to find her it is unlikely that she will sign the forms.
So, will both original owners need to sign the Transfer form, bearing in mind that that there is this clause in the land registry for the freehold house that the house cannot be sold without the garage, so there was full intention for them to sell both together? Or can just one of them sign it over to me?
What do I tell any buyers if I sell my house?
How long could this take to sort out?
Thanks, I know that was very long I am so so worried about this as I have found a new house and just want this sorted!

kirtondm

I had a similar problem although not as remote.

My Garage had not been transferred to me when I bought the flat. My sellers had split up and were untraceable. It was resolved by their oringial solicitor submitting a statment to the land registry confirming it was always the intention for the garage to have been transferred to me with the property.

delayed things by approx 2/12.

dizzybee001

Oh, that's great news, thank you. I have all the details of the original solicitor, so hopefully they can sort it!
So I could still go ahead with my sale?

davidmcn

dizzybee001 wrote: »

This is my problem.

Shouldn't you be making it your solicitors' problem?

Did the contract for your purchase say the garage was included? Given the title restriction that seems implied anyway. Presumably you can therefore enforce the transfer of title (once you trace the sellers, which isn't rocket science - plenty of tracing agents around). Yes, if jointly owned then both sellers will need to be involved. (ETA: if Land Registry are as helpful as above then even easier!)

dizzybee001

Well, my solicitor has implied that I didn't check the drawings properly (the red lines around the boundary). Looking now you can see that the coach house isn't included within the red line but the drawings are really faded and I was a bit naïve and it didn't occur to me that it wouldn't be included.
The searches obviously weren't done properly by the solicitor acting for the 2nd owner, as the garage was never transferred then. She also acted for the 2nd owner on her sale (my seller) and didn't mention the garage then.
The sales details clearly mention a garage, so it was implied it was included with the house.
I'm afraid I wasn't very savvy with this, I trusted my solicitor and her advice.


Thanks

dizzybee001

I'm just wondering what worst case scenario is? So I can prepare myself.


Thanks

Cakeguts

dizzybee001 wrote: »

Well, my solicitor has implied that I didn't check the drawings properly (the red lines around the boundary). Looking now you can see that the coach house isn't included within the red line but the drawings are really faded and I was a bit naïve and it didn't occur to me that it wouldn't be included.
The searches obviously weren't done properly by the solicitor acting for the 2nd owner, as the garage was never transferred then. She also acted for the 2nd owner on her sale (my seller) and didn't mention the garage then.
The sales details clearly mention a garage, so it was implied it was included with the house.
I'm afraid I wasn't very savvy with this, I trusted my solicitor and her advice.


Thanks

Not your fault. You pay the solicitor to do the legal work which includes what extra land (in your case leasehold garage) that comes with the property. You don't pay a solicitor and then do the work yourself.

dizzybee001

Thank you . That's what my other half keeps telling me, but I am so worried
a) This will hold up the sale of my house
b) That I will not be able to purchase the house I've reserved because I won't be able to exchange quickly.


Very frustrating. Seems the solicitors on the 2nd purchase and mine didn't do their jobs properly. So annoying, because having looked through what they sent me after I bought the house, all the documents were there for the garage, clearly stating it was a leasehold!


My other worry is that the solicitors will start arguing who's at fault (neither of them will want to take responsibility as it will cost them to put it right), so that will hold things up too?

kirtondm

Time will be your biggest problem as I am sure it will get sorted in the end.


You say reserved - are you buying a new build? - That might be a problem re timescales?

dizzybee001

Hi yes it's a new build and they want a quick exchange of contracts so I'm guessing I will have to give up on that one

dizzybee001

I could get it done quickly if the original co owner hasn't disappeared! We've got one but not the other. How long could it take to sort hat out? Thanks