Registering Copy Memorandum of Staircasing

L582

Hi,

In a nutshell, my question is can a (non certified) copy of a memorandum of staircasing for my leasehold flat be registered at Land Registry where the original memorandum has been lost? If not, what other ways forward might I have? I’m afraid it’s quite a long story with a sorry catalogue of mishaps…

I’m in the process of selling my leasehold flat. It was formerly shared ownership with staircasing to 100pc completed by the previous owner 10+ years ago.

At the time I purchased, the Memorandum of Staircasing hadn’t been recorded at Land Registry although the title made no reference to shared ownership anymore. I requested that the staircasing be registered. My solicitor said they were happy with a suggestion from the buyer’s solicitor that they (my solicitor) register it for me on completion rather than this being done by the sellers beforehand. Unfortunately I didn’t know better at the time and followed my solicitor’s agreement to this arrangement. I didn’t know about Memorandums of Staircasing at the time, I didn’t see one but I understood it was all done satisfactorily.

Now I have come to sell, through my buyer’s enquiries it has come to light the staircasing wasn’t formally recorded at Land Registry as I asked. There is correspondence on Land Registry files suggesting the Memorandum was sent to them in attachment by the seller’s solicitor at one stage, and a letter from my solicitor referring to this and asking it be noted, but Land Registry do not have a copy of the Memorandum for some reason. The title to the property makes no reference to shared ownership but the lease held there still states 50% share and my buyer would like a Memorandum registered.

The only copy of a Memorandum of Staircasing I have been able to locate anywhere is by approaching the owner I purchased the flat from. They had an electronic copy/scan (with signatures) on email and sent it to me. I thought this would solve it. However my solicitor is now saying the original or sight of the original (to make a certified copy) is required to register at Land Registry.

The freeholder, a housing association, doesn’t / cannot dispute my 100pc ownership but say they have lost any copy of the Memorandum at all, so I have more info than them. They have shared a financial completion statement from the time of the staircasing. For reasons that are unclear to me, they state that are now unwilling to create or sign a new Memorandum or help any further in this matter.

My solicitor from the time of my purchase went into administration some years ago and I have been told by the conveyancing firm who now have their files it could be 24 weeks before I can have the file retrieved. So any copy that may be there is out of reach for now.

The solicitor acting for the previous owner who sold the flat to me is no longer trading. The SRA have no knowledge of where their files may be.

So, in the absence of the original or a certified copy, is there any way the copy Memorandum I hold could be registered at Land Registry?

My current solicitor is not laying out options. I feel I have done the majority of work so far by contacting everyone involved including Land Registry, SRA etc. I think there are various routes that involve changing my current solicitors and complaining about former solicitors and so on, but primarily I just want an efficient solution to the Memorandum issue so my sale can proceed.

Through online research I have some awareness of other possible ideas but don’t know if any would solve it and in time to protect my sale, e.g.
- purchase an indemnity policy 
- apply to Land Registry for error correction as they perhaps should have held a copy already 
- request deed of variation or threaten to take some action against the freeholder
My solicitor is still asking that I try further to locate the original Memorandum of Staircasing which at the moment seems hopeless. I don’t know where else it could be.

I’d be very grateful indeed for any suggestions!

tsears

Hi there, did you ever get a solution to this? I'm in a similar situation in that the property I'm buying is missing the original memorandum of staircasing that also was not registered with the land registry. I just don't want to be in the same situation when I come to sell the property, so wondering if you managed to find any way around this?!

Cloudx12

I had email from HMLR and said that it is not their policy to enter reference of staircasing in the title register and nor would be required.

(Note: I have my 100% Mortgage Deed Copy) as I am became the sole Proprietor of the flat I bought from A2 Dominion. My previous solicitor applied for a charge AP1 as a Whole for Title.

Has anyone applied for an update of their Title and had their 100% Memorandum of Staircasing be entered in their Title Register?