Title Deeds documents missing

treble3cc

I am nearing completion on the sale of a leasehold flat.  Our solicitor has received a late enquiry from the buyer's solicitor saying 
 "When reviewing the file again to set up for completion we cannot trace that we have received copies of the charges referred to at entry 6 of the title SYK0000. Could you please supply these?”
Our solicitor responded
"We are unable to locate the charges under title ESX000. Please see the attached screenshot of the title documents available for download for title ESX000 from the Land Registry. Please also see the attached screenshot of the freehold title SYK0000 which lists the various tile documents available for download for the freehold title."

The buyer's solicitor has responded to say they have contacted Land Registry presumably in a bid to locate the missing documents.  The entry on the title deeds reads

24.01.2008) The title to the lease is, during the subsistence of the

charges of various dates in favour of various parties affecting the

landlord's title (and, to the extent permitted by law, any charge

replacing or varying these charges or any further charge in respect of

all or part of the sum secured by these charges), subject to any rights

that may have arisen by reason of the absence of chargee's consent,

unless the lease is authorised by section 99 of the Law of Property Act

1925.

Can anyone help me with this?  How important are these documents (that were obviously missed by my original conveyancing solicitor).  Is it vital that these documents are located before we can exchange?  What if they are lost?  Will an indemnity insurance policy be appropriate in this sort of situation.  

The process has dragged on and on and I feel this could have been raised months ago.  I also feel our solicitor should have contacted Land Registry and not the buyer's solicitor as it's my property's title deeds that have the problem plus the buyer's solicitor's track record is of them dragging their feet so we have no control over trying to get Land Registry to expedite the enquiry.  Does anyone know how long LR takes in these circumstances.

Many thanks for any help anyone can offer.

treble3cc

Sorry to ask again, but does anyone know in particular whether an indemnity insurance policy would cover the matter as outlined in my post.  I shall have to email our solicitor tomorrow and I would like to have as much information as possible.  I had really worked hard to prepare myself when I marketed the flat and had I known this/these documents were missing I would have already contacted Land Registry myself.  I feel very let down by both sets of solicitors, although I do respect how busy they will be.  

Any advice would be really helpful.

Yorkie1

What does your solicitor say about it? You really shouldn't be making legal decisions on the opinions (which are not advice) of people who have not got the full background.

treble3cc

I'm not making any legal decisions, just hoping someone may have encountered something similar and feel able to share their experience and how things turned out.  It is costing me a lot of money each month completion is delayed and I am therefore hoping we are not compelled to wait for a response from Land Registry.

Thank you for responding.