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deed of correction, help please with steps and timeline
bob56
Posts: 23 Forumite
Sorry this is a long post but I am trying to get some clarity where I seem to be finding more stages being added each time I think I have it sorted.
We have power of attorney to sell mum's flat to pay care home fees.
The flat is one of a block of 6. The 6 owners are the shareholders of the limited company that owns the freehold and manage it.
We accepted an offer in October , we are still in the middle of the sale.
The problem!
History lesson.
In 2001 the owners wanted to sell a piece of their ground to a builder.
A deed of Variation was drawn up with a plan that clearly identified the plot being sold. The deed involved the transfer of rights from the owners to the management company so the company could sell that plot. The deed has been registered with the land registry. The plot was sold, that is not the issue.
Since then all the flats (except mums) have been sold with mortgages ,some a couple of times. All without issue.
Fast forward to December.
The buyers solicitor has identified flawed wording in the deed of variation that means that the owners of the flats had transferd all their rights under the lease ( which includes access through the gardens and their parking spaces amongst other things) to the management committee and only had permission to excersise them. Apparently this makes the deed defective so the buyers solicitor could not agree the sale.
Our solicitor agrees he has a valid interpretation, although there is no risk as the owners and management company are one and the same. The buyers solicitor will not accept the situation.
The buyer takes the his solicitor's advice .
Their request was for a deed of correction to be registered with the land registry.
We agreed to this , the nub of the deed is a statement that the 2001 deed was only intended to apply to the plot sold and owners and management committee agree no other rights are affected.
The buyers solicitor accepted this wording but will not progress until the new deed is registered. We are now at the end of January
The company directors are happy to sign.
Next problem.
I offered to pop over to get the deed signed. At which point I am informed by my solicitor that the signatures on the deed have to be certified , the company will have to employ a solicitor and the directors have to present him with proof of identity when they sign. This solicitor will then have to send the certified copy back to my solicitor. Suddenly more delay and expense. I will have to pay . He cannot act for the Company as well.
Questions, once this has been done and sent to the land registry, how long will it take to confirm registration?
Can it be submitted electronically to speed the process?
Questions
All the other flats will have the same faulty 2001 deed although the error was not detected when they were sold.
My solicitor has stated the deed he has drawn up relates only to our flat.
Will the owners of the remaining flats have to get solicitor's to draw up deeds of correction too? Who should pay? Will it stop my sale if any/all were to refuse( their sales all sailed through).?
Thanks for advice
We have power of attorney to sell mum's flat to pay care home fees.
The flat is one of a block of 6. The 6 owners are the shareholders of the limited company that owns the freehold and manage it.
We accepted an offer in October , we are still in the middle of the sale.
The problem!
History lesson.
In 2001 the owners wanted to sell a piece of their ground to a builder.
A deed of Variation was drawn up with a plan that clearly identified the plot being sold. The deed involved the transfer of rights from the owners to the management company so the company could sell that plot. The deed has been registered with the land registry. The plot was sold, that is not the issue.
Since then all the flats (except mums) have been sold with mortgages ,some a couple of times. All without issue.
Fast forward to December.
The buyers solicitor has identified flawed wording in the deed of variation that means that the owners of the flats had transferd all their rights under the lease ( which includes access through the gardens and their parking spaces amongst other things) to the management committee and only had permission to excersise them. Apparently this makes the deed defective so the buyers solicitor could not agree the sale.
Our solicitor agrees he has a valid interpretation, although there is no risk as the owners and management company are one and the same. The buyers solicitor will not accept the situation.
The buyer takes the his solicitor's advice .
Their request was for a deed of correction to be registered with the land registry.
We agreed to this , the nub of the deed is a statement that the 2001 deed was only intended to apply to the plot sold and owners and management committee agree no other rights are affected.
The buyers solicitor accepted this wording but will not progress until the new deed is registered. We are now at the end of January
The company directors are happy to sign.
Next problem.
I offered to pop over to get the deed signed. At which point I am informed by my solicitor that the signatures on the deed have to be certified , the company will have to employ a solicitor and the directors have to present him with proof of identity when they sign. This solicitor will then have to send the certified copy back to my solicitor. Suddenly more delay and expense. I will have to pay . He cannot act for the Company as well.
Questions, once this has been done and sent to the land registry, how long will it take to confirm registration?
Can it be submitted electronically to speed the process?
Questions
All the other flats will have the same faulty 2001 deed although the error was not detected when they were sold.
My solicitor has stated the deed he has drawn up relates only to our flat.
Will the owners of the remaining flats have to get solicitor's to draw up deeds of correction too? Who should pay? Will it stop my sale if any/all were to refuse( their sales all sailed through).?
Thanks for advice
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