Correction of Erroneous 'swapped' Title Plans

Hello,

During the sale of a second-floor leasehold flat that I own, I noticed that the Title Plan is incorrect and shows the property on the opposite side of the stair well. 

I then checked the Title Plan of the other flat on the second floor and this is also incorrect - effectively, the Title Plans have been 'swapped' at some point in the past. Their Title Plan is correct for my property and vice versa.

To correct this, would this be deemed a 'simple' correction of an error, achieved via a Deed of Rectification? I have spoken to the Leasehold owner of the neighbouring property and they were unaware (even though they purchased the property within the last 12 months) but are happy to have this corrected and there is no dispute.

I am hoping that this should be a swift process as this has already held up the sale by over a month - can you please confirm how long this should take?

Thank you.

Hello Gary - a deed of rectification would only apply in a very specific set of circumstances - Rectification and indemnity (PG39) - GOV.UK
I assume the flats are both leasehold so you need to be looking at the two leases as well as the title plan. And if the flats are mortgaged then the lenders also need to be involved as appropriate.
If an application is required to amend the registered information, be that a deed of rectification or say a deed of variation then it would need to be submitted and then expedited to ensure it is processed as swiftly as possible - Request an expedite - GOV.UK
However it the leases are correct and the registered information is wrong then you should report it as an error - Public guidance: dealing with land and property - GOV.UK

Thanks for your reply Adam.

The Leases have been checked and are both correct, it is just the registered Title Plans that have been swapped at some point historically.

As this is the case, does this just need to be reported as an error rather then require a Deed of Rectification? I assume start with the error route and then if more complex than originally thought, go down the Deed of Rectification route if needed?

Gary - noted and appreciated although it would be rare for them to have been 'swapped' as you put it. If they are 'wrong' then they were most likely registered wrong at the time and if that's the case then you need to report the error as mentioned. And highlight the urgency also

Thank you for your guidance Adam, I have now submitted a request for the errors to be corrected and highlighted this as urgent, reference number 241218-4151744

Having received a response to my request for this error to be corrected, it has emerged that both the Title Plan and the Plan within the Lease are incorrect. 

I have therefore submitted a new request for the errors to be corrected with supporting evidence under reference 250105-4178374 and again marked this as urgent.