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Posted Mon, 22 Jan 2024 12:20:01 GMT by Lois Bradshaw

I bought a house 8 years ago which had an external garage, I am having trouble selling it now as appartently the solicitors or the builder missed transfering the garage lease to me, the house is Freehold, and noone can see to find it. How can this be resolved before i loose by purchaser. I am being getting nowhere fast with the old solicotors or builder, they just keep passing it on to a new person to look at it and wok it out.

Posted Mon, 22 Jan 2024 14:04:34 GMT by Adam Hookway
Lois - much depends on the specific details as to how you might resolve matters. You say the garage lease is missing but it reads like the registered title remains in a previous owner's name.
Can you clarify and share the specific details such as title number(s) perhaps?
Posted Mon, 22 Jan 2024 14:32:18 GMT by Lois Bradshaw
coach house Title SF606878 mentions the leases for the garages of the 2 houses, plots 82 (72 neighbours) and 83 (74 mine)
Plot 82 title is SF611917
plot 83 (mine) is SF618254

we can not locate the lease and whos names is it in currently

regards

Lois
Posted Mon, 22 Jan 2024 14:51:12 GMT by Adam Hookway
Lois - ok and understood re the three titles and properties but it looks like there's a contradiction between the two registered freehold titles (yours and Plot 82) and what the Transfer registered against SF606878 (Plot 81)
That suggests a conveyancing error on the part of the developer/their conveyancer and whichever conveyancers then acted on each purchase but which one may all depend on whether the garages (ground floor level) have a first floor or more level also
I'm guessing some part of another property includes a level above both garages? I assume that as looking at your own registered information there's no mention of any lease or flying freehold for example so why would a buyer be looking at Plot 81's transfer?
So what's the reality on the ground? Is there another floor level occupied by someone else?
And if you look at the Plot 81 transfer that refers to the leases etc there is no clause 12.14 and no indication of any floor level either
I make these comments purely from a general view looking at what you have shared. It reads very much like only something your conveyancer can resolve depending on what the answer(s) are to the above Qs
Posted Mon, 22 Jan 2024 15:21:21 GMT by Lois Bradshaw
there are 3 garages and the couch house above these -  1 garage is for the coach house the other 2 should be leased out to the houses near it, mine and my neghbours. Thanks anyway
Posted Mon, 22 Jan 2024 15:27:46 GMT by Adam Hookway

Lois - thanks anyway as in nothing more needed?

Posted Mon, 22 Jan 2024 16:45:35 GMT by Lois Bradshaw
well you said it will have to go back to the solicictors, and the builder , they ahve been lookinh at it for a MONTH now. 

 
Posted Tue, 23 Jan 2024 08:06:00 GMT by Adam Hookway
Lois - I did as it looks very much as if the conveyancing at the time was at fault.
I suspect, but do not know, that they used the wrong template plot Transfer for you and your neighbour's plot sales. Most developers have identical Transfers for each plot but in your coach house above and garages below scenario a different Transfer would have been required.
And it seems the garages were to be leased to you both and not transferred and I imagine the Coach House was to own the freehold and then be subject to the 2 leased garages.
None of that happened so you've both ended up owning the freehold for the garages as well. And if that's to change, in the way I suspect, then they've got a lot of work to do to remedy things and as far as both the conveyancer and developer are concerned it's probably all about what was contracted against what the conveyancing outcome was.
For example if the garages are to be leased you are going to need to each transfer the freehold to the Coach House owner and then they are going to have to lease each garage back
There's no missing lease in terms of the registered information but it seems the plot transfers were wrong and leases should have been drawn up as well at the time
Of course all conjecture on my part as the conveyancers/developer will know more but that complexity maybe why the issue is being passed around?
Key advice would be to start with how things should be now and identify how to now transfer/lease things to achieve that end goal.
The alternative maybe to consider a flying freehold scenario whereby you each transfer the part of the coach house above your garages to the Coach House owner and you each then own part of the freehold for that part of the building/garage - that option will most likely depend on what obligations the leases were going to create
This will take time but nailing down who was actually responsible at the time and who can remedy things for you now is the start point and often the one that takes most time - once you know whose going to remedy things then it can hopefully move quickly albeit several parties, inc any mortgage lenders, will need to be involved

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