Garage not registered with land registry regi

scott2940

Hello, 

Hoping some one or @Land_Registry can give advise.

We bought a new build property in 2013 from miller homes using there suggested solicitor (will never do that again).

The solicitors missed our detached garage from our title plans when registering them with land registry.

We are now selling our property and this is obviously causing a problem.

The solicitors we used are now in administration so I cant contact them and ask them to correct this and my current solicitors are very vague on how we fix this and are waiting for miller home to get back to them.

Does anyone know how I go about trying to rectify this? And how long / costly this process will be?

Really appreciate any help

davidmcn

Do Miller still own the garage? Did your contract include it being sold to you?

scott2940

As far as I am aware miller still have freehold over the land.

The copy of my lease states there is a garage with the property and I still have the original order form for the property stating we were purchasing 3 bed house with detached garage 

hippocrates1

Buy the deed from the land registry of the land your garage stands on. Then a approach whoever it is registered to. Then apply for a deed of reticfication if they agree to give you the garage 

davidmcn

scott2940 said:

As far as I am aware miller still have freehold over the land.

The copy of my lease states there is a garage with the property and I still have the original order form for the property stating we were purchasing 3 bed house with detached garage 

Waiting for Miller Homes to get back to your solicitor is in the first instance what you'll have to do. How long it will take to sort out depends largely on how much of a priority Miller give it. If they accept that you've already paid for the garage then I wouldn't expect it to be costly to sort out.

AdrianC

Is the garage part of your actual plot, or is it separate and part of a group of garages?

scott2940

AdrianC said:

Is the garage part of your actual plot, or is it separate and part of a group of garages?

It is detached from the property with 5 other garages in a court yard at the rear of the property, we have access to it from our rear garden 

SDLT_Geek

You say that the lease mentions the garage. What does the lease say about the garage?  Perhaps it demises the right to use a garage, without specifying a particular one.

That might be unusual, but would explain why the garage does not appear on your title plan.

AdrianC

And there's your answer.

It'll be on a separate title, almost certainly leasehold.

Land_Registry

As others have mentioned you need to check and work through what is registered re the garage and go from there. 

If the transfer/lease from when you bought has already been registered then it’s very likely that you’d need a further transfer/lease re the garage. A deed of rectification wouldn’t apply where the  transferred/leased extent was wrong at the time 
How long and how costly all depends on whose involved but from a registration perspective the general wait time to register would be several months and the fee £40 assuming the garage value is under £100K 
If an application is made to transfer/lease the garage and you have a confirmed buyer then you can ask us to expedite matters and reduce that wait time to a few weeks -providing it’s all in order of course