Deed Of rectificication - should I pay for legal advice??

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    Deed Of rectificication - should I pay for legal advice??

    Hello all, hope this is the correct forum for this query. I own the downstairs of a pair of flats that have a Tyneside lease. I own the freehold for upstairs and vice versa and there is a peppercorn "rent". The owner of the upstairs is selling her property and I have been sent a deed of rectification by her solicitor. I received approximately 6-8 phone messages before I even received the thing basically asking me to hurry up and sign it. I spoke to her solicitor who told me it only applied to the lease of the upstairs flat as my lease is correct and basically it was "nothing". It was supposedly to correct where the shared land was incorrectly marked on the upstairs lease. However when I have received it there is mention of my property and foundations as well as the shared land and to be blunt I don't understand what it is saying. The solicitor for the upstairs owner told me I could get a solicitor to look over it but obviously that is going to cost me money I don't have at this point in time (I am on maternity leave so we are living on one income). Should I being paying for legal advice to sign an amendment that only affects the upstairs property or should the owner of the flat who wants the amendment pay for it? My cup of human kindness does not exactly runneth over towards the upstairs owner due to various problems, so am loathe to pay for something unless I am legally bound to.

    #2
    Tyneside leases always have such problems!
    I do not know the background here but why should anything need rectifying if all was OK at the outset?
    JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
    1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
    2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
    3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
    4. *- Contact info: click on my name (blue-highlight link).

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      #3
      Her solicitor told me it should have been dealt with when the current owners purchased the property but it wasn't so now it has to be dealt with before their sale can go ahead. My lease is apparently correct - it is just theirs. The drawing of the boundaries i.e what is theirs, what is mine and what is shared looks the same as the drawing in my lease. However their solicitor said it was just about shared land, but there are two points to the rectification. One seems to be talking about the shared land, but the other one seems to just mention my property. I am unwilling to sign it without legal advice, but I do not want to have to pay for this if it is to sort out a problem with my neighbours lease being wrong. Does it seem correct for someone not involved in the sale of a property to pay for legal advice to rectify a mistake in a neighbours lease? The number of calls I have received from the solicitor, the auction house who sold the property and the owner of the property makes it clear they want it signed pronto.

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        #4
        Perhaps inform them you will not sign it unless you have had your own solicitor look over it, AT THEIR EXPENSE?

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          #5
          Originally posted by thevaliant View Post
          Perhaps inform them you will not sign it unless you have had your own solicitor look over it, AT THEIR EXPENSE?
          Yes- and insist on an unconditional written undertaking from their solicitor in favour of your solicitor.
          JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
          1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
          2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
          3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
          4. *- Contact info: click on my name (blue-highlight link).

          Comment


            #6
            Thank you for your advice. I wasn't sure if I was being overly cautious or mean. I'll contact their solicitor tomorrow.

            Comment

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