PLEASE READ BEFORE POSTING: Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.

Missing garage lease, Help appreciated

Dear All,
I would be extremely grateful for any help and guidance.
I am in then process of trying to buy a house that is freehold, and comes with a leasehold garage.
Register of titles for Freehold and Leasehold all ok and present.
The garage however is on the dividing line of 2 freehold coachhouses 'A' and 'B' which straddle the garage ie above it.
I have a copy of an 'actual lease' for the garage use, and on its plan the garage is shaded red and orange. The lease is between 'Block'/coachhouse A and the Demise being that part of the garage shaded red. In the background notes its states the garage will be demised by way of 2 seperate leases.
I therefore am assuming that there should be another identical lease but for Block/coachhouse B and the Demise being that part of the garage shaded orange in the plan.
I am unable to locate this second lease.
i would have thought both leases would have been registered on first purchase, or sooner by the developers Persimmon/Beazer.
This issue was missed by solicitors when the current owner purchased, and also by the solicitor of the Freehold coachhouse B when they purchased- so they don't have a copy either.
Land registry are have been asked to see if they can find the other lease (-awaiting response), but without knowing the title number for the missing lease, am not sure how they will find it, or how they could search either the paper archives, or the electronic copies without one.
Actual lease I have was originally drawn up by Persimmon/Beazer- 999yrs from 1st January 2005, house first sold around October 2005, and 'brief particulars' of the actual lease are included on the leasehold title- weirdly dated 2007?
My questions I suppose are this:
1/If Land Registry are unable to locate it, how should I go about finding it?
2/If I have to approach Persimmon to see if they have a copy, who/what address would deal with their lease archives , (if such a thing exists) I have contacted them online via their aftersales customer care but they are not getting back to me.
3/ why the discrepancy on dates for the short particulars on the leasehold title,and the actual lease from the developers. If it was done way after first purchase, and by Coachhouse A owners during a subsequent sale maybe , how would they have found the lease?
4/ If all else fails and no-one can find it, what are the options and likely costs for 'creating' the missing lease, the contents I think will be identical just the coachhouse block and colour shading would be different.
5/ I'm sure the solicitors will suggest going down the indemnity route as its easier for them, but could it affect my future sale if I go ahead with an indemnity instead of a replacement lease?. i understand some lenders are not happy with indemnities.

This has been going on for weeks and am getting nowhere, apart from nearer an early grave with stress, as exchange and completion looming in the chain.
Many Thanks for anyones input. Your time is much appreciated.

Comments

  • lincroft1710
    lincroft1710 Posts: 18,639 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Why isn't your solicitor more pro-active?

    If this lease cannot be located, my advice would be to look for something else. It may persuade the vendor they have to sort this out before trying to re-market the house
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • davidmcn
    davidmcn Posts: 23,596 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    OP, you shouldn't be doing the running around for this. There are limits to what you can do anyway given it isn't your property. Spend your energy on putting pressure on the sellers to sort it out.
  • thanks for replies thus far.
    ironically it was my purchasing solicitors who acted for the current sellers when they bought it and didn't notice the missing lease!
    and you are right, it is not my responsibility to resolve this . it should be the sellers, or the freeholder of Coachhouse B. However, as both sets of solicitors appear less than ideal, and total apathy from those who should be sorting it out, I feel someone has to try to resolve it- as otherwise with protracted delays, I will conceivably also lose my buyer.
  • Tom99
    Tom99 Posts: 5,371 Forumite
    1,000 Posts Second Anniversary
    [FONT=Verdana, sans-serif]If the 'Register of titles for Freehold and Leasehold all ok and present' then you will have the title number for the missing lease in order for the Land Reg to check if they have a copy.[/FONT]
    [FONT=Verdana, sans-serif]Also the title register for the freehold of the two coach houses should also list the title numbers of the two leases as well as the basic terms except rent. Are these short particulars identical for both leases on the two leasehold titles and the two freehold titles? [/FONT]
    [FONT=Verdana, sans-serif]If the lease cannot be found and indemnity insurance is available and acceptable to your lender than I would not think this is a reason to pull out.[/FONT]
    [FONT=Verdana, sans-serif]You have a copy of a lease which is almost certainly a mirror of the missing one, which is a lot more than most missing leases benefit from.[/FONT]
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 349.8K Banking & Borrowing
  • 252.6K Reduce Debt & Boost Income
  • 453K Spending & Discounts
  • 242.8K Work, Benefits & Business
  • 619.6K Mortgages, Homes & Bills
  • 176.4K Life & Family
  • 255.7K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 15.1K Coronavirus Support Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.