Title deeds don't match floor plan

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    Title deeds don't match floor plan

    Hi everyone!

    I am a first-time buyer and saw a flat that I was interested in. It has a 999 year old lease. It is on sale through probate as the previous owner died.

    The problem with it is that there seems to be an extra bedroom added by the leaseholder and that is not reflected on the floor plans and title deeds of the flat.

    Apparently, the freeholder consented to this alteration before.

    The flat was built in the 1980s.

    There was a previous sale and it fell through because the solicitors were unable to change the title deeds.

    I want to ask what needs to be done, if I make an offer to buy the flat? This title defect seems difficult to rectify. Or is it actually a simple matter?

    I'm not sure why the previous sale fell through.

    #2
    Best to speak with your solicitor regarding changing the title deeds, as you would need to provide the floor plan etc. I'm assuming the new bedroom is only a stud wall rather than a structural element of the apartment. If has been agreed by the freeholder then there should be documentation supporting this.

    Also check on VOA if the property is classed as having the additional room or the original - you may find that you have to pay more council tax due to the new banding the additional room creates.

    Comment


      #3
      "The problem with it is that there seems to be an extra bedroom added by the leaseholder and that is not reflected on the floor plans and title deeds of the flat."

      Are you saying that (a) the lease plan shows the extent of the flat correctly but the internal layout incorrectly or (b) the Land Registry title plan does not show the extent of the flat correctly?

      Comment


        #4
        The land registry title plan doesn't show the extra room!

        Comment


          #5
          ash72,

          I think the leaseholder extended the flat to cover a public window and use that space for a new room. The freeholder apparently has consented. In this case, the title deeds and floor plans don't match the actual flat. What do I do?

          Comment


            #6
            Originally posted by carcarrot94 View Post
            The land registry title plan doesn't show the extra room!
            Could be a problem there. How long ago was the room added?

            Comment


              #7
              Is this flat in a house which has been converted into two flats ?

              And subsequently one flat has extended out into the communal staircase area ?

              Comment


                #8
                Originally posted by Lawcruncher View Post

                Could be a problem there. How long ago was the room added?
                I think around 15 years ago?

                Comment


                  #9
                  Originally posted by Gordon999 View Post
                  Is this flat in a house which has been converted into two flats ?

                  And subsequently one flat has extended out into the communal staircase area ?
                  No it's in a purpose build flat building. One flat has extended out to the top floor staircase area where there was a window.

                  Comment


                    #10
                    Originally posted by carcarrot94 View Post

                    I think around 15 years ago?
                    In that case there are two ways the problem can be resolved.

                    One is for the landlord to execute a supplemental lease.

                    If the landlord declines or wants a silly sum, the other is for the seller to make an application to the Land Registry to include the extra area relying on Smirk v Lyndale Developments Ltd 1975.

                    Comment


                      #11
                      Make a visit to the Land Registry Office ( for your town or city ) and ask how to modify the site plan to include the extra area on top floor landing .

                      Comment


                        #12
                        Originally posted by Gordon999 View Post
                        Make a visit to the Land Registry Office ( for your town or city ) and ask how to modify the site plan to include the extra area on top floor landing .
                        See post 10.

                        Comment


                          #13
                          Thanks for all your input! I appreciate it!

                          Comment

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