Deed of Rectification - How Long? Wrong flat on title plan

LdnFtB

Hi!

I'm buying an ex-LA flat which was purchased under right to buy by the current owner. When the lease was granted for the flat it seems the Housing Association made a mistake in terms of which flat in the block they outlined in red on both the title plan and the lease plan.

As a result of this our seller will have to apply to the land registry for a deed of rectification. Does anyone have any experience of this and how long did it take to resolve?

We've been advised to hold off mortgage applications, searches and surveys until this is rectified as there's no knowing how complex this could be at this point

hazyjo

Mine faffed around with an indemnity policy that was refused, then went for deed of rectification/variation. Altogether, it must have added 6-8 weeks. Took 5 months from offer to completion. tbh it was hell, but you soon forget!


Make sure your mortgage offer isn't about to expire. You should look at extending it in plenty of time (not all will let you). Don't leave it until the last minute!


Good luck.

Land_Registry

It's not a 'short' process and the registration aspect may take several weeks.

The key is for the seller to ensure that their solicitor contacts us with the details of the onward sale and ask us to expedite the process. That can reduce the delay significantly but obviously it relies on a) the application having been submitted (not sure it has yet) and b) it being in order

LdnFtB

Thank-you for the responses especially mr/ms land registry.. I will ask the sellers solicitor to expedite he process.

HazyJo thanks for the headsup - we've decided to withhold applying until this is resolved for just that reason. We've also been advised by our solicitor that there's the possibility that there are other mis-registered flats within the building which could all be cross referencing each other and require a significant amount of work to rectify all at once.

hazyjo

It cost my sellers somewhere in the region of £1,500 so hopefully your vendors have the cash/equity.


While here, check the boards for threads re ex-LA flats. So many owners come here after the horse has bolted saying they didn't know the council could just send them a bill for thousands if they choose to replace the windows (seems common), cladding, roof, paint the exterior, lift replacement/repair or whatever. You may have done your homework, but, if not, tread carefully - especially if a large block!

LdnFtB

That's an expensive mistake to make but I'm sure they can afford it. If not then they'll need to find it somewhere as I'm not coughing up for their short sightedness!

Yes I have done due diligence on potential major works, estate regeneration and planning applications but a reminder is always useful.