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missing copy of lease
eskimalita7
Posts: 94 Forumite
I am one of 4 flats. We each own 25% share of freehold.
I purchased in 2009. At the time, the Land Registry confirmed they didn't hold a paper or electronic copy of a least for any flat in the building. My vendor found a paper copy and hand-delivered it to my solicitor (TJM) on 28th October 2009. I presume this copy was then given to me and I have lost it. (I have searched absolutely everywhere for days). I am well aware how I should've noted the importance of the document at the time.
I was a cash purchaser so no copy at my lender.
My solicitors were struck off in 2014. I have applied to the SRA (Solicitors Regulation Authority) to check their archives. This can take up to 6-8 weeks. There will only be a copy if a diligent secretary took a photocopy and put it in my file.
The vendors solicitor was useless at the time, and to give them their dues, they have tried to look for it this week, but I think they disposed of the file after 7 years, and they are very disorganised.
I am trying to contact the lady who sold to me, but I don't think she kept a copy.
I even contacted someone who lived in my flat in the 70s, and they were good enough to check all the boxes in their loft. No luck.
A local solicitors did the deed of extension in 1999. They are trying to search their archives but its very hard with Covid restrictions. Its likely they disposed of the file after 7 years.
All the other flats have old copies of their leases (all identical). They have been faxed and photocopied so many times over the years, the text is blurry in places.
It is obvious my lease is identical, but its not enough that we have copies of the other 3 to prove that my missing one is identical.
Aside from waiting for a glimmer of hope from the SRA, or the local solicitors who did the deed of extension. What are my options if my buyers refuse indemnity insurance?
Somebody mentioned surrender and re-grant, but I fear this would be expensive and time-consuming. Plus I'd need to pay for legal advice for my neighbours. We all have 25% share of freehold so it would mean a collective surrender and regrant.
Have I missed any other options? (My solicitor for the sale of my property just keeps telling me to look for it, but I am 99.9% sure I accidentally threw it away a few years ago).
I am likely to lose my current buyers, but I do need a plan for what I do when I re-market the flat. Thank you
I purchased in 2009. At the time, the Land Registry confirmed they didn't hold a paper or electronic copy of a least for any flat in the building. My vendor found a paper copy and hand-delivered it to my solicitor (TJM) on 28th October 2009. I presume this copy was then given to me and I have lost it. (I have searched absolutely everywhere for days). I am well aware how I should've noted the importance of the document at the time.
I was a cash purchaser so no copy at my lender.
My solicitors were struck off in 2014. I have applied to the SRA (Solicitors Regulation Authority) to check their archives. This can take up to 6-8 weeks. There will only be a copy if a diligent secretary took a photocopy and put it in my file.
The vendors solicitor was useless at the time, and to give them their dues, they have tried to look for it this week, but I think they disposed of the file after 7 years, and they are very disorganised.
I am trying to contact the lady who sold to me, but I don't think she kept a copy.
I even contacted someone who lived in my flat in the 70s, and they were good enough to check all the boxes in their loft. No luck.
A local solicitors did the deed of extension in 1999. They are trying to search their archives but its very hard with Covid restrictions. Its likely they disposed of the file after 7 years.
All the other flats have old copies of their leases (all identical). They have been faxed and photocopied so many times over the years, the text is blurry in places.
It is obvious my lease is identical, but its not enough that we have copies of the other 3 to prove that my missing one is identical.
Aside from waiting for a glimmer of hope from the SRA, or the local solicitors who did the deed of extension. What are my options if my buyers refuse indemnity insurance?
Somebody mentioned surrender and re-grant, but I fear this would be expensive and time-consuming. Plus I'd need to pay for legal advice for my neighbours. We all have 25% share of freehold so it would mean a collective surrender and regrant.
Have I missed any other options? (My solicitor for the sale of my property just keeps telling me to look for it, but I am 99.9% sure I accidentally threw it away a few years ago).
I am likely to lose my current buyers, but I do need a plan for what I do when I re-market the flat. Thank you
0
Comments
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Why a new thread? You got some useful answers on the previous one about the same thing
https://forums.moneysavingexpert.com/discussion/6262375/lost-deeds
2 -
Wow. I had completely forgotten I wrote that post. I am certainly losing my mind, as well as the deeds to my flat. I have been losing sleep with worry and staying up all night looking for the bit of paper I threw away a few years ago. My buyers' solicitors are advising them that they shouldn't buy without a copy of the original lease for my flat, and that indemnity insurance isn't good enough. I suppose the only solution is to tell those buyers that they'll need to pull out of the sale. When I re-market, I do so with the instruction to my EA to make viewers aware of the situation from the onset.user1977 said:Why a new thread? You got some useful answers on the previous one about the same thing
https://forums.moneysavingexpert.com/discussion/6262375/lost-deeds0 -
As suggested on your previous thread, why not create a new lease, given you're also the (joint) freeholder?1
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This seems like the only option, however "creating a new lease" doesn't appear to be that simple in legal terms. I was hoping somebody here with legal experience might have some suggestions.user1977 said:As suggested on your previous thread, why not create a new lease, given you're also the (joint) freeholder?
My solicitor has only mentioned surrender and re-grant, which appears to be costly and complicated. At present, from the little I have found from google, it can involve such requirements as me paying for legal advice for the other 3 flats, or some kind of stamp duty payment. All of this might be completely incorrect - I am just googling and reading what I can.
I was really hoping for someone who has been in the same position to offer some insight as to how they resolved it. I can't be the only person who has lost the deeds to their property, surely.0
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