Buying flathe and indemnity insurance

Matsumi

Hi there,
I hope that someone would be able to advise me. I am in the process of pur chasing a flat. I am right at the end of a process before Exchange and completion. My solicitor have been waiting for the last outstanding enquiry to be answered to do with the flat/property boundaries plan. Unfortunately as she told me today, she has been informed by the seller solicitor that they don't have this within the leasehold info. The seller solicitors told her that they did contact land registry, the menagment company and they don't have it either. She told me that we can proceed with asking the sellers to pay for indemnity insurance because of that but she also has said that I may have a problem in the future if I decide to sell it up. Really don't know what to do in this instance. Any advice anyone?

AdrianC

What's the missing information?

Matsumi

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Within the Lease it relates to a plan A, but there is no plan A attached to the copy of the Lease there are only x2 Plan B', we need this plan to complete the copy of the lease other wise in legal terms the lease would be viewed as defective and we would need to inform your Mortgage Lender which can take a couple of days to obtain a response tha that they are happy to proceed and this response from the other side was always to follow, but a response never received.



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I am pleased to confirm that today, an update has been received from the Sellers solicitors regarding the missing Plan A.

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They have informed me that they are unable to obtain a copy of this plan and I must inform you that you!mayexperience problems should you come to sell the property in the future.

Nevertheless, I have had to inform your Mortgage Lender that a plan for the Lease is missing as legal procedure.

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I have sent an Indemnity Policy over to the Sellers to confirm that they will pay for the policy, this policy will protect you throughout your period of ownership and this can also be used should you come to sell the property in the future.

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The plan that is missing shows the boundaries and walls of the property.

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Matsumi

That's the info needed

davidmcn

If you're not satisfied with the amount of advice you're getting from your solicitor then discuss it with them. This is what you're paying them for, after all.

AdrianC

So you're missing a plan showing the boundaries and walls.

Is it even remotely likely that the boundaries and walls could be misinterpreted, or are they very obvious?

Matsumi

It's a ground floor flat with shared entry with a flat opposite the one I'm buying. There is a small garden in front and I guess it's mine as the other flat have a small patch in front of their windows. But apart from that it's pretty clear what's what.

Matsumi

David mcs... I did speak about it with my solicitor but I'm getting typical lawyer response.

AdrianC

Plenty of scope for misinterpretation, then.

I can't believe the freeholder don't know what's part of the lease.

Matsumi

I know it's strange, to say the least

G_M

Matsumi wrote: »

It's a ground floor flat with shared entry with a flat opposite the one I'm buying. There is a small garden in front and I guess it's mine as the other flat have a small patch in front of their windows. But apart from that it's pretty clear what's what.

Have you looked at the lease for the flat opposite? Does that lease have a Plan and if so what does it show?


How about the Freehold Title Plan?


Put all the other Plans together and you can deduce what your Lease Plan would include.....


Of course, your mortgage lender as not yet agreed to lend, even with the indemnity insurance, so till that is confirmed you don't have a decision to make.....