Who needs to register the Deed of Variation when a house is sold, the buyer or the seller?

lend

We are in the process of buying a house. It is a freehold property, but there is an estate rent charge.
Our mortgage lender requires a Deed of Variation (Dov) to protect their interest in the property in relation to this estate rent charge.
It has taken a few months to get here, but we finally have an agreed DoV.
Our solicitor is asking the seller's solicitor to register the DoV at the Land Registry prior to exchange to make it legal. The seller's solicitor says they will not register the DoV as it would take too long for them to do it (as it would need to be processed by the seller's current lender), and that it is normally the buyer's solicitor that would register to DoV with the Land Registry.

Anyone know what is the right or usual way of doing this?
Is the buyer's solicitor in charge of registering the Deed of Variation or is it the seller's? 

Unicorn_cottage

I don't know who should be doing it but I think you should take into account that the Land Registry are taking a long time to process things like this. I have been quoted 3 months register a settlement agreement thingy. I think it could take longer. Are you prepared to wait that long?

Tiglet2

Either solicitor can do it, but if the seller's solicitor does it, then there will be a long delay waiting for Land Registry to register the deed and provide the up to date title register before solicitors are able to progress the transaction any further.
If there is a chain and/or deadlines, it may be preferred that the buyer's solicitor lodges the Deed of Variation with their application to register the new owner after completion, but I suspect the buyer's solicitor would want an undertaking from the seller's solicitor that they would assist with any requisitions that may be raised by the Land Registry, which prevent the title from being updated.

Flugelhorn

we have done this recently (DoV for estate charge) and as buyers our solicitor is doing the registering as it would have had to be approved by the vendors lenders prior to completion. We are  still waiting at 2/12 

steampowered

I am no expert, but it sounds like it should be the buyer's responsibility?

The buyer is the one who is affected by this. The seller doesn't care what the rent charge is after selling the property.

lend

Flugelhorn said:

we have done this recently (DoV for estate charge) and as buyers our solicitor is doing the registering as it would have had to be approved by the vendors lenders prior to completion. We are  still waiting at 2/12 

Thanks for the update.
How is it going so far, is the registration taking long? 
Will you be able to exchange and complete without the DoV registration being finalised?

Flugelhorn

lend said:

Flugelhorn said:

we have done this recently (DoV for estate charge) and as buyers our solicitor is doing the registering as it would have had to be approved by the vendors lenders prior to completion. We are  still waiting at 2/12 

Thanks for the update.
How is it going so far, is the registration taking long? 
Will you be able to exchange and complete without the DoV registration being finalised?

We have exchanged and completed, DoV was signed and agreed by everyone to come into force at completion, being registered now. We didn't need a mortgage so maybe that makes it easier as there were no lenders to get involved - we did this more to ensure we wouldn't have any problems for people buying in the future

cm1953_fullstop

Hi, could anyone help. I have been living with my partner for five years in his house. He has a variation of discretionary trust deed naming his two sons and himself as trustees. This was done around 2012 when his wife passed away. We asked the  boys( one is 50 years old and the other 48 years old.) would they mind if  I could stay in the property if my partner passed away. They have their own property and Business. The eldest has refused to sign the paper work. What can be done as I will have no home .or security  We are both pensioners. 

user1977

cm1953_fullstop said:

Hi, could anyone help. I have been living with my partner for five years in his house. He has a variation of discretionary trust deed naming his two sons and himself as trustees. This was done around 2012 when his wife passed away. We asked the  boys( one is 50 years old and the other 48 years old.) would they mind if  I could stay in the property if my partner passed away. They have their own property and Business. The eldest has refused to sign the paper work. What can be done as I will have no home .or security  We are both pensioners. 

I would recommend you start your own thread, rather than tagging on to somebody else's old and not particularly relevant thread.

fizzysage

lend said:

Flugelhorn said:

we have done this recently (DoV for estate charge) and as buyers our solicitor is doing the registering as it would have had to be approved by the vendors lenders prior to completion. We are  still waiting at 2/12 

Thanks for the update.
How is it going so far, is the registration taking long? 
Will you be able to exchange and complete without the DoV registration being finalised?

Heya! Was wondering what happened with your purchase? We're at a similar point and I don't know who should register it.