Deeds not transferred on leasehold garage, owner missing!

dizzybee001

Hi there fortunately they are not charging me, the person I have sorting it out is very reasonable, which is a good thing as we are now with the litigators

dizzybee001

Hi all


Just an update as I haven't posted for a while.
The litigators contacted the original owner of the garage (one of them, the other has signed the form), and told them in no uncertain terms that if they didn't sign the form then we will have to go to court, but we would have to take my seller to court, who would in turn take them to court. The litigator seems to think that when deciding who should pay the costs, the court would not look favourably on the fact that she has ignored letters and emails asking her to sign the form.


However, another litigator decided to take the 'softly softly' approach, and asked me to get back in touch with the original owner. As I don't know them, but I found them on facebook, I tried to message, but my messages are being blocked. So I sent a really long, heartfelt, basically begging message asking them to sign,and I offered £100 if they could sign within the week. I then asked solicitor to forward it.
Unfortunately, my solicitor copied me in on the email, so when it was received, the original owner (lets call her 'X', went mad, saying that I knew her ex partner and I was going to send her details to him. I know for a fact he wants nothing to do with her, but that's beside the point.
So, she has not signed and obviously has no intention to sign the transfer form.


This means that we need to go to court. Unfortunately, my solicitor has given me no assurances that they will pay for this. So it may end up costing me £1,000's to get a form signed, that should have been signed when I bought the house. I am going to end up paying for someone else's mistake.


Does anyone else have any idea how we can go about this differently? I can't afford to go to court. this is a garage, that clearly should have been transferred with this house. I can't sell my house, because the garage is linked to it, and the garage is not in my name. However, Land Registry transferred the deeds of the house without the garage twice. Two solicitors have missed this. The previous owners, apart from X, have signed declarations to say that they had every intention to transfer the garage. We are stuck because of the grudges held by one person, who has already said she wants absolutely nothing to do with the property, but she is just being very difficult.
I have the keys of the garage, have maintained it and have responsibility for its contents.
I can't even convert my mortgage to buy to let, so we can move house, as it would be picked up that the garage is not in my name.
So I am stuck and facing legal bills. There must be another way to solve this???
Please, if someone has any insight at all, please can they help me.


Thanks in advance

dizzybee001

Land_Registry wrote: »

dizzybee001 although it is just a signature on a form that is needed the law is quite clear that the ownership has to be legally transferred. By executing the form TR1 they are effectively transferring the legal ownership.

Whilst the garage/property may be 'linked' that is not enough - I'm sure you will appreciate that someone might sell the garage separately or vice versa. So without that legal transfer of ownership it is not as 'simple as that'

As far as the 'mistake' is concerned you may have a tough and therefore expensive time in proving where any blame lies. I say expensive as your solicitor should be able to explain that for you, suggest who may be to blame and pursue it on your behalf. But they are unlikely to do that for free.

The alternative is to contact the firm who you think made or contributed to the mistake? Whether they respond is another matter but if they don't and you feel you have a case then they should have a complaints process and/or their website should indicate who their regulatory authority are.

I'm really sorry to read you lost the sale/purchase but pleased to note that your are close to securing the legal transfer you need

Hi
It's been ages since I updated this problem, I still haven't had a resolution to it, as the lady that legally holds title to my garage won't sign the transfer form.

But are you saying that I could sell my house separately from the garage, even though there is a covenant in the deeds that says the house may not be transferred without the garage? It may be an option. The garage would then be left to rot I guess?

Many thanks

Land_Registry

dizzybee001 wrote: »

Hi
It's been ages since I updated this problem, I still haven't had a resolution to it, as the lady that legally holds title to my garage won't sign the transfer form.

But are you saying that I could sell my house separately from the garage, even though there is a covenant in the deeds that says the house may not be transferred without the garage? It may be an option. The garage would then be left to rot I guess?

Many thanks

Unfortunately it's not for us to advise you on what you can or cannot legally do in such cases.
My reference to selling the garage separately was with reference to doing so legally and as two separate transfers/sales.

I've seen a few threads recently where such covenants have existed and have been 'flouted or ignored' - the key with covenants tends to be who owns the benefiting land and has the benefit; whether they know that they have the benefit and what they might do.

So an alternative Q is what's the risk if I do and what's the view of my buyer re the covenant/the risk.

And remember someone has already managed to transfer the property without the garage despite the covenant so was that legal, has anyone pursued them on that point and so on.

Still very much one to rely on your solicitor for advice on

davidmcn

dizzybee001 wrote: »

The garage would then be left to rot I guess?

Why can't the "buyer" just use and maintain it as at present?

dizzybee001

davidmcn wrote: »

Why can't the "buyer" just use and maintain it as at present?

Yeah guess they could use it. I just wouldn't get market price for house and garage, just for house.

dizzybee001

Land_Registry wrote: »

Unfortunately it's not for us to advise you on what you can or cannot legally do in such cases.
My reference to selling the garage separately was with reference to doing so legally and as two separate transfers/sales.

I've seen a few threads recently where such covenants have existed and have been 'flouted or ignored' - the key with covenants tends to be who owns the benefiting land and has the benefit; whether they know that they have the benefit and what they might do.

So an alternative Q is what's the risk if I do and what's the view of my buyer re the covenant/the risk.

And remember someone has already managed to transfer the property without the garage despite the covenant so was that legal, has anyone pursued them on that point and so on.

Still very much one to rely on your solicitor for advice on

Hi thanks for the reply. My solicitor has now stopped contacting me, and is not responding to emails, I am process of waiting for the 8 weeks to be up so I can contact the Legal Ombudsman.

I have heard a few cases of people who have had the house transferred without the garage, and it's not a problem until you get in the position that I am in, if an eagle eyed solicitor spots it they will want to know who owns the garage, etc. I'm sure that you are not actually allowed to break the covenant, otherwise I could just sell my house without transferring the deeds to the garage, and no one would mind. That's how I lost the sale of my house.

The original owner knows that she 'owns' the garage, even though I have use of it and the key, she has stated that she wants nothing to do with it, but she won't sign a transfer form , as she has other things to do that are more important and this is not a priority. I have correspondence to her that threatens to take her to court, and still she won't sign.

I just don't know what to do. My life has now been on hold for a year trying to sort this out.

Pjay

Hi dizzybe01

What happened did you get it transferred into you name I am currently in the same position goings nowhere!!

dizzybee001

Hello and good luck!! I did finally get mine sorted, but by complaining again to the solicitor and getting tough. They had to go to court as the original owner ignored all correspondence regarding signing the deeds. Once at court the judge signed it off. The solicitor paid all costs as it was their fault in the first place. All in all I think it took a year and a half.
I transferred the mortgage to a new provider and they nearly missed it again so it’s very common. Usually people are reasonable and will recognise use that it’s a genuine mistake and sign.
In hindsight I should have been a lot tougher on the solicitor in the first place but it’s all sorted now.
Let me know if you need any more advice

Pjay

Dear dizzybee001

Thank you so much for your quick reply so glad you go it sorted what a nightmare I'm going to lose my buyer I have been on the Solicitors case for the past few weeks but they are sooo slow and don;t see to have a clue as to what to do. BIG THANKS AGAIN will keep you posted