My house is not register in land registry

loubel

So was it a transfer of part and there's a discrepancy over the extent of a right of way retained by the seller but no issue over the transfer of land itself? You are the owner of the property but Land Registry cannot register it until the discrepancy is resolved.

You will need to establish why the plan the seller's solicitor provided on completion is different to the one you were sent by your solicitor. The agreed plan should have been attached to the contracts when you exchanged and this should have matched what you were told by your solicitor.

If it did not then your solicitor is at fault for not telling you that the plan had been changed and you can complain.

If it matched what you were told on exchange then the seller cannot change this and you will need to sue them to enforce the terms of your contract, but can also complain to your solicitors that this was not picked up on receipt of the incorrect plan following completion.

Another possibility is that the exchange itself was flawed if the solicitors exchanged using different plans. But that should have been picked up straight after exchange and the exchange voided for mistake. If it wasn't then both solicitors would be at fault for not checking the contract properly on and after exchange.

gheorghian1993

loubel said:

So was it a transfer of part and there's a discrepancy over the extent of a right of way retained by the seller but no issue over the transfer of land itself? You are the owner of the property but Land Registry cannot register it until the discrepancy is resolved.
that’s correct , 


You will need to establish why the plan the seller's solicitor provided on completion is different to the one you were sent by your solicitor. The agreed plan should have been attached to the contracts when you exchanged and this should have matched what you were told by your solicitor. 

Our solicitors has sent us a plan where to sing and that’s what we done it ,On TP1 even is say everything correctly about our plan and what rights we have … 

If it did not then your solicitor is at fault for not telling you that the plan had been changed and you can complain.

the plan the one which the seller has signed I just founded out in February in 2023 when he has sent to me message about that he can’t sell his land because I’m owner of the driveway and he want to buy an acces from us but we didn’t want to sell him and he start say that we will need to give him use anyway if the driveway and I say yes but not in whole driveway and he says that yes in the whole and than he sent the 2 plan and I sent this to the solicitors …. And more problems start and now they don’t want help me without a charge 

If it matched what you were told on exchange then the seller cannot change this and you will need to sue them to enforce the terms of your contract, but can also complain to your solicitors that this was not picked up on receipt of the incorrect plan following completion.

Another possibility is that the exchange itself was flawed if the solicitors exchanged using different plans. But that should have been picked up straight after exchange and the exchange voided for mistake. If it wasn't then both solicitors would be at fault for not checking the contract properly on and after exchange.

Just want to add where I signed the TP1 there was not a signature of the seller 

gheorghian1993

When I recived my TP1 it suppose to be already a seller signature ? or first our and than him ? 

gheorghian1993

I don’t know how to establish why the plans were difrent as I just only know about the one which my solicitors has provided to me and the one I have signed 

the difrence between plans is just only about the accesway but the rest is the same … but my main queastion it is how comes he signed something diffrent than I’m and we found it out 2 h later when I discovered I’m not in Land registry , and the land registry send me an email of saying that they cancelled my application because my solicitors have responded to the queastions relating to the plan 

Tiglet2

Has your solicitor sent you an email or letter in writing explaining what the problem is?  If so, could you quote it exactly here.  It's very difficult to understand your explanation.

gheorghian1993

Tiglet2 said:

Has your solicitor sent you an email or letter in writing explaining what the problem is?  If so, could you quote it exactly here.  It's very difficult to understand your explanation.

They told me only that there are 2 difrent plans are there and until does issue is not resolved they can’t resubmitet an application to the land registry as the plans need to match 

the retest when I asked them what exactly queaston LG asked you they never told me I only know from LG is relating to the plan 

my solicitors have never give me a clear answers and most of the things I need it found out by myself. 

gheorghian1993

So my answer is to you it is that I don’t know as they never communicate with me and even when I  try to communicate I was always ignored 

gheorghian1993

Second message from the seller : 

Good morning (Removed by Forum Team)

I hope you and your family are well, thank you for getting in touch with me directly as I have been getting nowhere with either mine or your solicitors. I too am sick and tired of this whole situation and just want it to be resolved as soon as possible. All I want is to be able to use the whole driveway to the rear of the property so that whoever buys the new house can park their car at the back of the house, so being able to drive over all of the hatched area on the plans.  If we can agree on this then I am happy to go ahead and sign the plans again and get it all sent off to the Land Registry.

The developer who was interested in buying the plot would prefer to have shared ownership of the driveway but I understand if you do not want to give him that, this is not essential to me as I am sure I will find another buyer for the land with just the right of access over the driveway and not the shared ownership. But the developer did say to me last week that he would be willing to up his offer to £15,000 and pay for a whole new driveway right down to your garage which I think would be a good deal for you. 

But I am ok either way as long as I get the right of access over the driveway, so let me know what you think and lets get this sorted out so we can both move on.

I think that both solicitors were at fault in the way our sale was handled as they did not communicate properly between each other, my solicitors should of made sure that your solicitors had received the plans I had signed and your solicitors should not have sent your money to me before they had received both sets of signed plans and made sure that they matched properly. I have taken independant legal advice and intend to sue my solicitors for mishandling the sale because the delay in being able to sell the building plot has cost me a lot of money as I could of invested that money over the 2 years that this sale has been delayed and I think that you have a good case to sue your solicitors too.

I look forward to hearing back from you when you have discussed this with your husband.

Kind regards

RAS

I hope that you have used fake names in the messages above? If not, you need to edit them urgently.

housebuyer143

So reading all this - is there a reason you don't want them to have access over the driveway? It's not maybe what you agreed to, but they will give you £15k and pave you a new driveway. I'm exchange it seems the new plot will be able to drive over your drive to get to the house. 
Agreeing to this would resolve your problem it seems. Not sure what suing the seller will do because it doesn't sound like he's being dishonest and it's the solicitors who have screwed up.