Deeds not transferred on leasehold garage, owner missing!

dizzybee001

Hi, thank you for your reply.
Yes, quite, I have pointed out that whatever they decide to do, they will have to move to temporary accommodation. They are renting now, I'm not sure why they couldn't stay on there, but obviously have decided to leave.
I was thinking about offering them a little contribution if they hung in there, but £900?? That means that their rent goes down to £400 a month, and they make a lot of money from me!! I thought it was ridiculous, and although I don't want to lose my buyer, I am confident that if this happens that I will find another one fairly soon

dizzybee001

I've just heard that the land registry have rejected our application.


gutted.

kirtondm

what do your solicitors now suggest?

dizzybee001

He is going to go back to the Land registry and explain that we may be able to get statutory declarations from me, the original owner, and his solicitor. I'm not sure of the difference between that and what we have already done.
We will start the tracing process for the other original owner, I have found her on facebook, but as I don't know her I don't know if it will do more harm or good contacting her myself. I suppose, nothing ventured, and all that.
Very disappointed as it seem very likely that this will take too much time, and we will lose not only our buyer but the new house too.
However, I am trying very hard to count my blessings, and there are many, I mustnt' complain because there are people are lot worse off than me .

kirtondm

i would imagine an inducement to the other owner might be the quickest way to resolve?

dizzybee001

You mean offer her money? Might work, it would go against all my principles!, but I am a getting a little desperate now...

dizzybee001

So my solicitor has instructed a tracing agent to track her down.
If they manage to find her, and she refuses to sign, how long would it take before we can go to court to get them to sign on her behalf? I think that's our worst case scenario.

Thanks.

dizzybee001

Just heard from my solicitor:
I have spoken to the Land Registry and they will not agree to accept any further evidence


So we have to go down the tracing route. I can't believe that the Land Registry are being this obtuse about a garage, I could understand if it was a house, but this is a garage, linked to a house in the title deeds, that cannot be transferred separately, that I have had full use and access to for nearly 6 years!!!!


So, to trace this lady could take months, then she will refuse to sign, then a court will have to be appointed to sign for her. In the meantime, we lose our sale and we lose our new house.


Fuming


My solicitor has never mentioned costs to sort this, and I don't think I should have to pay as it was never picked up by them when I bought the property, but I'm wondering whether I should bring this matter up, as it will obviously cost to appoint a tracing agent and to go to court.

rtho782

A tracing agent is a couple of thousand pounds alone. I would definitely be sure who is paying for this!

kirtondm

If you already have her on facebook do you need a tracing agent? Surely she could just be approached?

How would a court be able to sign on her behalf if she refuses? Before our garage was signed over all parties were sent a letter saying they could object whcih would have blocked the transfer if they had replied.

Could you approach the cost liablity issue along the grounds they were negligent in allowing the transfer in breech of the coveneants?

I wrote a letter to the senior partner when the s**t hit the fan with ours and they confrimed they would meet the costs.