Deed of Variation

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    Deed of Variation

    We are selling a flat which was a house historically, converted into 2 flats. We share the freehold with the upstairs neighbour, ours being the ground floor flat.
    There is a small discrepancy between the Land Registry and Lease Plan in respect to the garden boundaries. The Lease plan correctly shows an equal garden share but the Land Registry appears to be very slightly off equal. This is something we missed during our purchase of the property.

    The owner of the upstairs completely agrees that the garden is shared equally, and is happy to formalise this legally. My solicitor is asking £1,100 for deed of variation work - the garden is just a regular rectangle shape - and the change small, so the cost seems expensive to me but what do I know
    We were aiming for completion by month end but this throws a spanner in the works.

    Any advice welcome. Thank you.

    The red line drawn on a title plan shows the position of the General Boundary.

    If you are on good terms with the other flat owner and joint freeholder obtain a Statement of truth from him stating that he accepts that the lease plan defines the legal boundary and that the lease separates the garden area into two equal parts.

    You can also prepare a statement of truth to provide to a prospective buyer who will be provided with a copy of the lease, as well as a copy of the title plan once matters move forward with a willing seller and a willing buyer involved.

    Because of the general boundary rule the evidence provided by the Lease plan is conclusive, so that a variation of the Lease seems unnecessary.


      Is either property mortgaged?


        Originally posted by GreatLives
        I assume the upstairs is also.
        Can you check on that? My suggestion how to deal with the matter will depend on the position.


          Hi GreatLives, what exactly is your Solicitor looking to vary? From what I read, your issue lies with the Land Registry plan and not the Lease Plan. Therefore, there is nothing to vary as any Deed of Variation would only vary the lease plan and not the land registry plan. Furthermore, if there is a large discrepancy with the land registry plan, then your Solicitor should make an application for rectification of the title plan under the Land Registry Rules, with land registry. If you feel confident, you could look at the land registry public guides for assistance and have a crack at this yourself by calling Land Registry and asking them to advise you what to do under these circumstances.


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