Deed of Rectification - Wrong floor listed as a note

matt120

Hi there

I hope you can help. I am selling my apartment purchased 4 1/2 years ago, and on the Title Deed there is a note beneath the deed saying that the Apartment is on the 6th floor, when it is in fact on the 7th floor.

The original TR1 form I signed just had the Apartment number on, and no reference to the floor. The accompany plans show the correct plot & unit but now once again do not mention the floor. (The Apartment is No. 702 as it is on the 7th Floor)

The buyers want the note on the Title Deeds to be corrected, and I have been informed that a Deed of Rectification is needed, and that I have to cover my solicitors cost, and those of the Freeholder.

My question is, how am I liable for the costs of the mistake, when I wasn't even aware of the note added. Surely the responsibility lies with my previous Solicitor and Land Registry as something has happened after I signed the Contracts.

Any help would be greatly received

Kind regards
Matt

G_M

Are you doing the conveyancing yourself? If so, time to stop.


If using a solicitor, speak to him/her/it.


Does he agree the rectification is needed? I'd have thought the flat number and Plan made it clear which property the Title and/or lease related to. If he agrees with me, instruct him to tell the buyer the rectification is not needed but that he (the buyer) can of course get it altered once the sale has completed.


There again - what do I know........?

molerat

6th and 7th could be down to how it is looked at - ground, 1st, 2nd etc or 1st, 2nd, 3rd etc.

matt120

It is my solicitor who has told me about the Deed of Rectification. We have tried to clarify to the buyers that as you say, the plans, plot and Apartment number are correct but they are adamant that it should be corrected, and I assume they are well within their right to request this

My concern is with how I have ended up being liable for the cost, especially when everything was carried out using solicitors in the first place, and the mistake on the deed has been entered without my knowledge

Thanks again

davidmcn

matt120 wrote: »

It is my solicitor who has told me about the Deed of Rectification. We have tried to clarify to the buyers that as you say, the plans, plot and Apartment number are correct but they are adamant that it should be corrected, and I assume they are well within their right to request this

Why are you assuming? What's your solicitor's advice?

G_M

matt120 wrote: »

It is my solicitor who has told me about the Deed of Rectification. We have tried to clarify to the buyers that as you say, the plans, plot and Apartment number are correct but they are adamant that it should be corrected, and I assume they are well within their right to request this
You can be equally adamant if you wish - though as said, be advised by your solicitor. You are well within your rights to decline to rectify.

My concern is with how I have ended up being liable for the cost, especially when everything was carried out using solicitors in the first place, and the mistake on the deed has been entered without my knowledge

Well, if you decline to rectify, you will not be liable for the cost.
If you agree to rectify, you will be liable for the cost.
If you believe your previous solicitors from when you purchased made an error, you could claim back the cost of rectification from them. Whether they would agree to your claim, or whether (if you took it further) the ombudsman would agree, is very uncertain.....

stator

Get it sorted and find out who exactly made the mistake. If it is your previous solicitor, write a letter of complaint to them and if they refuse you can bring a case against them

davidmcn

stator wrote: »

Get it sorted and find out who exactly made the mistake. If it is your previous solicitor, write a letter of complaint to them and if they refuse you can bring a case against them

Just because someone else is making a song and dance about it doesn't mean that, objectively, it's a material problem.

Tom99

Here is the procedure:

https://www.gov.uk/government/publications/rectification-and-indemnity/practice-guide-39-rectification-and-indemnity

'If you are not sure whether there is a mistake in the register, you should contact HM Land Registry with as much information as you have available and, if appropriate, we will look into the matter for you. We will tell you if we think that we have found a mistake. We will also tell you what procedures you need to follow if you want to make an application for the mistake to be corrected'.

I would contact them straight away and point out the mistake. Maybe it is so obvious that the Land Reg will correct the entry without a formal application. If they required a formal application they may well be able to give you a timescale.

You could then say to the purchaser you have put the rectification in hand but you are not prepared to delay the sale whist that goes through, or accept the delay if you prefer.