Deed of Variation Issue

Marky4040

OK so my solicitor has mentioned the title deed for a flat i'm about to buy is unclear as to what is the top and bottom flat and a DoV may be required. I DO NOT want this to happen due to the costs and time scales involved.

This flat was built in 1980's and has been sold mutiple times, why raise this issue now?

I've been sent a copy of the lease and it completely obvious to me what is the upper and what is the lower flat, (think of a house split in two). The title describes it as ...Top Flat, half the deapth of the structure from top flat roof to ceiling of lower flat etc etc. The wording is a little more detailed but you get the gist, it's quite obvious where both flats begin and end.

Can i tell the solicitor this is nonsese? and force them to complete my sale?

Lender has valued, visted the property and raised absolutley no queries.

user1977

Marky4040 said:

Can i tell the solicitor to get stuffed this is nonsese? and force them to complete my sale?

If you were a cash buyer, yes, of course.

But you're not. The solicitor is also acting for the lender, so your purchase is going nowhere unless your solicitor signs it off for your lender.

The lender's valuation has got nothing to do with what the title deeds say.

What exactly does your solicitor think the probem is? I doubt he's just making stuff up.

Marky4040

user1977 said:

Marky4040 said:

Can i tell the solicitor to get stuffed this is nonsese? and force them to complete my sale?

If you were a cash buyer, yes, of course.

But you're not. The solicitor is also acting for the lender, so your purchase is going nowhere unless your solicitor signs it off for your lender.

The lender's valuation has got nothing to do with what the title deeds say.

What exactly does your solicitor think the probem is? I doubt he's just making stuff up.

Hes saying the deed is unclear as to the definitions of the lower and upper flat at the moment and asked the sellors solicitor to clarify. Hes saying the lease defines the upper flat as "the lower and upper flat".

I'm sorry but that's nonsense it's quite clearly defined which is which in the lease.

Given this flat has been sold mutiple times, if a DoV was required, it would be there already?

canaldumidi

Marky4040 said:

user1977 said:

Marky4040 said:

Can i tell the solicitor to get stuffed this is nonsese? and force them to complete my sale?

If you were a cash buyer, yes, of course.

But you're not. The solicitor is also acting for the lender, so your purchase is going nowhere unless your solicitor signs it off for your lender.

The lender's valuation has got nothing to do with what the title deeds say.

What exactly does your solicitor think the probem is? I doubt he's just making stuff up.

Hes saysing the deed is unclear as to the definitions of the lower and upper flat at the moment and asked the sellors solicitor to clarify. Hes saying the lease defines the upper flat as "the lower and upper flat".

I'm sorry but that's nonsense it's quite clearly defined which is which in the lease.

Given this flat has been sold mutiple times, if a DoV was required it would be there already?

So the solicitor is mis-quoting the lease? Then tell him.

Or perhaps the lease does say that at some point, in which case where, and please quote the relevant section to us in full.

It's impossible for us here to advise with only scraps of information!

user1977

I don't think any of us are going to make much sense of this without seeing the full wording.

Marky4040

user1977 said:

I don't think any of us are going to make much sense of this without seeing the full wording.

From the lease.

Definations:

The flat (lower)

"is the lower flat numbered being on the ground floor of the block and is coloured in blue on the plan and includes one half part in depth of the flat and floors of the flat above and the internal and external walls of the flat up to the same level and the land and structure of the block below the flat including the foundations supporting the internal and external walls thereof together with all the cisterns tank sewers drains channels pipes wires cables ducts and conduits used soley for the purpose of the flat but no others but does not include the staircase (and landing) leading to the flat above."

The Flat (upper)

"is the flat numbered plot xxx (incase my solicitor reads this forum haha) being on the first floor of the block and is coloured blue on the plan and includes one half part in depth of the structure between the floors of the flat below it and the internal and external walls above the same level and the roof of the block together with all cisterns sewers drains channels pipes wires cables ducts and conduits used soley for the purpose of the flat but no others and together with the structres thereof so far as the same constitutes the roof of the flat and includes also the staircase and landing leading to the flat through the flat below and bin porch situated at ground level."

Thats how its written no full stops or anything and the block the deed refers to is basically a house with a upper and lower flat, thats it.

Now am i missing something here or is it clearly defined which flat is which?

canaldumidi

Marky4040 said:

user1977 said:

I don't think any of us are going to make much sense of this without seeing the full wording.

From the lease.

Definations:

The flat (lower)

"is the lower flat numbered being on the ground floor of the block and is coloured in blue on the plan and includes one half part in depth of the flat and floors of the flat above and the internal and external walls of the flat up to the same level and the land and structure of the block below the flat including the foundations supporting the internal and external walls thereof together with all the cisterns tank sewers drains channels pipes wires cables ducts and conduits used soley for the purpose of the flat but no others but does not include the staircase (and landing) leading to the flat above."

The Flat (upper)

"is the flat numbered plot xxx (incase my solicitor reads this forum haha) being on the first floor of the block and is coloured blue on the plan and includes one half part in depth of the structure between the floors of the flat below it and the internal and external walls above the same level and the roof of the block together with all cisterns sewers drains channels pipes wires cables ducts and conduits used soley for the purpose of the flat but no others and together with the structres thereof so far as the same constitutes the roof of the flat and includes also the staircase and landing leading to the flat through the flat below and bin porch situated at ground level."

Thats how its written no full stops or anything and the block the deed refers to is basically a house with a upper and lower flat, thats it.

Now am i missing something here or is it clearly defined which flat is which?

It's pretty ambiguous to be honest. Whether it needs a DoV is moot. If you were a cash buyer you could instruct your solicitor to proceed without If you;'re getting a mortgage, then your solicitor sounds like he'll advise his other client (your lender) toinsist on a DoV.