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    • esskay
    • By esskay 13th Apr 18, 1:26 PM
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    esskay
    Title deeds to the wrong flat? What to do?
    • #1
    • 13th Apr 18, 1:26 PM
    Title deeds to the wrong flat? What to do? 13th Apr 18 at 1:26 PM
    Hi there, got a weird problem.

    Note that this is in Scotland.

    I bought a flat a couple of months ago. Today I received a copy of the deeds from the solicitor. The flat is 100+ years old - originally it didn't have a number, so there is no flat number in the deeds.

    However, with the deeds was a copy of a planning application for internal changes from a few years ago, and this showed the wrong flat number: 3/1, whereas I live at 3/2.

    Alarmed, I examined the deeds, which clearly state that they are for the flat on the east side of the third floor. My flat is on the west side.

    Have I really bought my neighbour's flat? Does this mean he will technically own mine? How easy is this situation to remedy?
Page 1
    • davidmcn
    • By davidmcn 13th Apr 18, 1:49 PM
    • 8,227 Posts
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    davidmcn
    • #2
    • 13th Apr 18, 1:49 PM
    • #2
    • 13th Apr 18, 1:49 PM
    Who knows what your neighbour owns, but it's quite likely that they have been swapped round at some point. Have they both had the same landlord in recent times perhaps? I've seen this happen where the lender ended up repossessing the "wrong" (but technically correct) flat because the titles had been mixed up at some point.

    Didn't you see the titles at an earlier stage to confirm they matched what you were expecting to buy?

    Speak to your solicitor anyway.
    • esskay
    • By esskay 13th Apr 18, 2:10 PM
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    esskay
    • #3
    • 13th Apr 18, 2:10 PM
    • #3
    • 13th Apr 18, 2:10 PM
    Yes, the solicitor emailed the titles, but their email (looking at it now) stated "Your property is the eastmost house on the third floor of the tenement." I took this as fact, and checked that the deeds confirmed this, as well as the boundaries etc (the boundaries on the deeds outline the whole of the building where the flats are). It did not occur to me at the time to question the orientation of the flats.
    • pinklady21
    • By pinklady21 13th Apr 18, 2:32 PM
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    pinklady21
    • #4
    • 13th Apr 18, 2:32 PM
    • #4
    • 13th Apr 18, 2:32 PM
    Ok - so where is your flat?
    Is it on the East side of the tenement or the West side?
    • esskay
    • By esskay 13th Apr 18, 2:36 PM
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    esskay
    • #5
    • 13th Apr 18, 2:36 PM
    • #5
    • 13th Apr 18, 2:36 PM
    It's on the west side. I have the deeds for a flat on the "eastmost" side (as per the solicitor's email).
    • pinklady21
    • By pinklady21 13th Apr 18, 2:44 PM
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    pinklady21
    • #6
    • 13th Apr 18, 2:44 PM
    • #6
    • 13th Apr 18, 2:44 PM
    then go back to your solicitor and tell them that and ask what happens next. best of luck.
    • davidmcn
    • By davidmcn 13th Apr 18, 2:45 PM
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    davidmcn
    • #7
    • 13th Apr 18, 2:45 PM
    • #7
    • 13th Apr 18, 2:45 PM
    At least you own something!

    I suspect your and your neighbour's solicitors will need to take on the burden of sorting this out (which will need to involve any lenders too).

    Sounds a bit of a mess.
    • esskay
    • By esskay 13th Apr 18, 3:09 PM
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    esskay
    • #8
    • 13th Apr 18, 3:09 PM
    • #8
    • 13th Apr 18, 3:09 PM
    I realise I will need to speak to my solicitor. I won't be able to do so until Monday at least. Meantime, I am concerned about speaking to them in a way that will open me up to being completely liable for this !!!8211; I do feel they are somewhat at fault in this.

    Also, I am the only one who knows about this at the moment, and I'm comfy where I am. I am concerned, you will understand, about what the consequences will be when I do bring this up with my solicitor and/or lender.
    • googler
    • By googler 13th Apr 18, 3:22 PM
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    googler
    • #9
    • 13th Apr 18, 3:22 PM
    • #9
    • 13th Apr 18, 3:22 PM
    You need to sort it out ASAP, by involving your solicitor.

    The consequence, if you leave it until you sell, is that a more observant buyer/solicitor will notice, and your sale will fall through.
    • sheramber
    • By sheramber 13th Apr 18, 3:39 PM
    • 5,009 Posts
    • 3,739 Thanks
    sheramber
    his happened to my son. But more than one flat was involved. He contacted all the other owners- some flats were let- and arranged for the titles to be swopped.

    All the other owners were very cooperative but I don't know the details of what was required.
    • Tom99
    • By Tom99 13th Apr 18, 3:41 PM
    • 2,499 Posts
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    Tom99
    Not sure if its the same in Scotland but in England the solicitor does not inspect the property so would not know if its on the east or west side, nor can they tell whether the lease plan matches.
    Its up to the buyer to check that the title and lease plan match what they think they are buying.
    • davidmcn
    • By davidmcn 13th Apr 18, 3:48 PM
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    davidmcn
    Also, I am the only one who knows about this at the moment, and I'm comfy where I am. I am concerned, you will understand, about what the consequences will be when I do bring this up with my solicitor and/or lender.
    Originally posted by esskay
    I would be more concerned about what happens if e.g. your neighbour defaults on their mortgage and you're the one who gets evicted!
    • davidmcn
    • By davidmcn 13th Apr 18, 3:50 PM
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    davidmcn
    Not sure if its the same in Scotland but in England the solicitor does not inspect the property so would not know if its on the east or west side, nor can they tell whether the lease plan matches.
    Originally posted by Tom99
    I would always try to figure it out from the estate agent's details - not always possible but given there are usually floorplans and a multitude of photos these days it shouldn't be too hard to figure out if you've got the right flat.
    • Owain Moneysaver
    • By Owain Moneysaver 13th Apr 18, 4:09 PM
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    Owain Moneysaver
    It won't be the first time this has happened, not by a long chalk.

    At least you're on the right floor :-)
    A kind word lasts a minute, a skelped erse is sair for a day.
    • esskay
    • By esskay 13th Apr 18, 5:47 PM
    • 7 Posts
    • 0 Thanks
    esskay
    Thanks! Some comfort thinking that this has happened to others. I don't plan to sell for at least 5 years, so it shouldn't get in the way of that... unless I get kicked out first...
    • gingercordial
    • By gingercordial 13th Apr 18, 6:52 PM
    • 1,188 Posts
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    gingercordial
    I would be more concerned about what happens if e.g. your neighbour defaults on their mortgage and you're the one who gets evicted!
    Originally posted by davidmcn
    Ah, but what a trump card if your neighbour turns out to be a neighbour from hell - default on your own mortgage and get them evicted
    • HampshireH
    • By HampshireH 13th Apr 18, 7:47 PM
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    HampshireH
    Have you spoken to your neighbour?
    • xylophone
    • By xylophone 14th Apr 18, 3:38 PM
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    xylophone
    Does the neighbour have the deeds to your flat?
    • Arklight
    • By Arklight 14th Apr 18, 6:42 PM
    • 1,411 Posts
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    Arklight
    How can this have happened? HOW??
    • davidmcn
    • By davidmcn 14th Apr 18, 7:58 PM
    • 8,227 Posts
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    davidmcn
    How can this have happened? HOW??
    Originally posted by Arklight
    As I alluded to above, probably by both flats being in the same ownership at some point and the solicitors dealing with the sales getting them mixed up, and nobody since then noticing.
    Last edited by davidmcn; 14-04-2018 at 9:30 PM.
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