HELP _ URGENT ADVICE please as buying property 21 or 28 July 2025

URGENT I am just about to exchange contracts and purchase this property next week.  My solicitors have sent this message:

The defects in the title are as follows: the wrong Lease is registered against the Freehold title ON94510 (Freehold of 64) and the Lease for 66 has not been registered against the Freehold title for 66 ON90083. The Seller’s solicitors are incorrectly referring to an Indemnity Policy for this defect in their replies. To confirm, an Indemnity Policy cannot rectify this defect. This is a title defect and it needs to be corrected via Land Registry. The seller’s solicitors have refused to do so.

How can I put write these defects myself please?  The solicitor wants to charge me for rectifying this but if I can do it myself then I will.  Is it the AP1 I need to complete?  Advice very welcome please.

Also, once purchased on 21 or 28 July 2025, can I then get a copy of the registration title or will it take a while for uptodate details to be available?  I immediately want to get on with extending the lease once purchased.  Thanks - all help very much appreciated.
 

Marilyn - Numbers 64 and 66 are registered as follows
64 is ON94510 - Freehold and ON89439 - Leasehold
66 is ON90083 - Freehold and ON89688 - Leasehold
The freeholder of 64 is also the leaseholder of 66. And the freeholder of 66 is the leaseholder of 64. 
So I don't think it's a case of a defect but a case of the two maisonettes being deliberately set up in this way with a freehold/leasehold cross over so to speak 
You haven't stated whether it's 64 or 66 you are buying but I assume it's 66 as the other maisonette was sold/transferred in 2024 and that registration is still going through.
If I have understood correctly then worth confirming with your conveyancer that you are purchasing the leasehold of 66 and the freehold for 64 and that any purchase will be of the two titles I referred to, namely ON89688 and ON94510
If I have misunderstood and you believe an error has been made then you can submit the specific details and report the error using our contact form - Public guidance: dealing with land and property - GOV.UK

Hi Adam
Yes it is 66 we are buying.  I am concerned our conveyancer has made errors and set up indemnity insurance on the basis of incorrect understanding (I have already had to correct out of date knowledge to the law from this conveyancer unfortunately eroding my trust). I am confused what information to be trusting - please could you confirm your information is correct?

The Lease for the property states 42 Wilsdon is the incorrect address in the Lease:  This seems to be a typo as
the title and Lease plans and the plot number and plan corresponds with the address; so it appears to be simply a typographical error in the Lease. How can I get this corrected please?
Thanks
 

Defective title on 66 ON89688 - Leasehold

Marilyn - 66 is ON90083 - Freehold and ON89688 - Leasehold as stated and is correct 
The 1984 lease refers to the property description that existed at the time of the development/granting of the lease. The property, and indeed all the neighbouring ones, will then have been given 'new' postal addresses by the council around the same time
If the lease needs to be altered/corrected in any way then you and the landlord would need to enter into a Deed of Variation to vary/amend the details as appropriate

Hi Adam - yes 66 we are buying (upstairs property) with a share of the freehold - shared with 64 (flat below). Yes downstairs , 64, registration is still going through.However,
Re: The freeholder of 64 is also the leaseholder of 66. And the freeholder of 66 is the leaseholder of 64. 
So I don't think it's a case of a defect but a case of the two maisonettes being deliberately set up in this way with a freehold/leasehold cross over so to speak 

Can you confirm please the above information you helpfully and efficiently provided is correct? I plan to inform the conveyancerv to check as his understanding (below) may not be correct. I have already once had incorrect information from Bespoke making me lack a bit of trust regarding the accuracy of their knowledge. Thank you alot - so helpful to have a great service from a public body.

As above conveyancer/Bespoke Law is informing:
The defects in the title are as follows: the wrong Lease is registered against the Freehold title ON94510 (Freehold of 64) and the Lease for 66 has not been registered against the Freehold title for 66 ON90083. The Seller’s solicitors are incorrectly referring to an Indemnity Policy for this defect in their replies. To confirm, an Indemnity Policy cannot rectify this defect. This is a title defect and it needs to be corrected via Land Registry. The seller’s solicitors have refused to do so.

Hi Marilyn - the information is correct but you shouldn't need to pit our answer against the conveyancer's perspective.
I would suggest you explain that the building is registered as a freehold in separate parts and that each part has then been leased to create two leasehold maisonettes
As a result the leaseholder of each maisonette owns the freehold of the opposite part in a reciprocal arrangement not uncommon with maisonettes to ensure certain responsibilities are shared
There is no registration error and no need for indemnity insurance it seems but we need to ensure that when I am buying the leasehold maisonette that the seller also transfers the freehold of the reciprocal part

Hi Adam - re: 
64 is ON94510 - Freehold and ON89439 - Leasehold (flat belwo)
66 is ON90083 - Freehold and ON89688 - Leasehold (one we are purchasing - upstairs flat)

The Freehold title for the property 66 Wilsdon Way states 42 Wilsdon (i think its the freehold and not the leasehold from an aging memory without going back and rechecking!!) which you have kindly pointed out is that:

The 1984 lease refers to the property description that existed at the time of the development/granting of the lease. The property, and indeed all the neighbouring ones, will then have been given 'new' postal addresses by the council around the same time. If the lease needs to be altered/corrected in any way then you and the landlord would need to enter into a Deed of Variation to vary/amend the details as appropriate.

As the title and Lease plans and the plot number and plan corresponds with the address, Is it really necessary to make the changes?  We will be looking to extend the lease soon after imminent purchase.  

Thanks - we find this forum really, really helpful. Marilyn

Hi Marilyn - it's rarely necessary for everything to match if you know everything relates to the same property. However the digital world often needs things to match re addresses etc simply to enable the systems to progress matters through the process.
For example many lenders rely on a computerised process and if something does not match then that identifies as a risk and the process stops until the mismatch is resolved
But with historical deeds/documents you can't just amend them hence my referring to IF they need to be amended then a new deed is required, usually a deed of variation
That shouldn't always be the case but that's a Q for the conveyancers/lenders involved and not us 

Hi Adam - I'm still working on clarifying the defect in the title noted below as I am exchanging contracts for 66 today . I am thinking will I need to resubmit my own AP1 post completion? Really, I am trying to find my best way forward based on two different sets of info. The solicitor points out (written at the end of the below) info.) that they believe there is a defect so I'm left very confused. 
 
'The defects in the title are as follows: the wrong Lease is registered against the Freehold title ON94510 (Freehold of 64) and the Lease for 66 has not been registered against the Freehold title for 66 ON90083. The Seller’s solicitors are incorrectly referring to an Indemnity Policy for this defect in their replies. To confirm, an Indemnity Policy cannot rectify this defect. This is a title defect and it needs to be corrected via Land Registry. The seller's solicitors have refused to do so.' 
 
You have since highlighted  “that the building is registered as a freehold in separate parts and that each part has then been leased to create two leasehold maisonettes.
As a result the leaseholder of each maisonette owns the freehold of the opposite part in a reciprocal arrangement not uncommon with maisonettes to ensure certain responsibilities are shared. There is no registration error and no need for indemnity insurance as it seems - but we need to ensure that when buying the leasehold maisonette that the seller also transfers the freehold of the reciprocal part.” 

Yet after sending this explanation to the solicitor, they responded:
If you are happy to proceed with this and without the rectification which we believe is necessary, that is fine. We will remove the same. However, please confirm in writing that you do not require this despite our advice to do so.
 

Hi Marilyn - I'm sorry to read of the situation you are now in with your legal advice but this is only something that you can resolve with your own conveyancer 
I can only share the registered information and understanding with you. I can't advise you on whether you should exchange/complete or not. If I were faced with this scenario myself I would be looking to escalate the matter with the conveyancer's own firm to ask them to review and advise as appropriate 
There is no defect re either title as registered. If they think there is then they presumably are aware of 'more' 
Each leaseholder owns the freehold of their neighbouring maisonette. If the conveyancer considers this to be a defect then the only solution would be for the two freehold title holders to transfer/exchange their freeholds with one another. 
As there's no defect there's nothing for you to do yourself post-completion and I assume from what your conveyancer has advised you are not buying with a mortgage.
The only caveat I would add is that if you do go ahead and exchange then you need to ensure that the seller is also transferring you the freehold of the other maisonette. If it is not then a second reason to escalate matters
Remember 64 is ON94510 - Freehold and ON89439 - Leasehold and 66 is ON90083 - Freehold and ON89688 - Leasehold 
As you are buying 66 you are buying the leasehold title ON89688 and the freehold part of 64 under title ON94510 and your sellers are the Serras
If the purchase does not include the freehold for 64 then you (and the owner of the leasehold for 64 also) are likely to face issues later when dealing with the properties 

Adam - thank you for all your help above. The solicitors, after several emails, eventually seemed to indirectly concede that there was no defect re: either tilte as registered.
Next is the deed of variation to extend the lease, so I'd like to check if there is a first freeholder and a second freeholder? Or if it does not matter who I list as first or second? As there will be two freehold titles (one owning each other between the upstairs and downstairs flats) and two leases will there need to be two deeds of variation? As yet both flat purchases of still going through, with 66 still in its very early stages to be registered with you as completion happened only on 21/7/25 with both freehold for 64 and leasehold for 66 being purchased.


THIS DEED OF VARIATION is made the [insert day] day of [insert month and year]
BETWEEN:
1. [Lowenna Brookfield-Cleary [Full name of Freeholder 1], of [address] (“the First Freeholder”);
2. [Full name of Freeholder 2], of [address] (“the Second Freeholder”);
(collectively referred to as 'the Landlord') — being the registered proprietors of the freehold title number [insert title number];
AND
3. [Name of Leaseholder], of [address of the leasehold flat] (“the Leaseholder”).

THANK YOU LOTS

 

Marilyn - noted and appreciated
As to the Deeds of V it's up to you how you describe each individual. There's no first or second freeholder in registration terms as they are each freeholders. 
You will need two separate deeds of variations - see PG 28 and sup 1 also - Land registration: Practice guides - GOV.UK 
Please do rely on a conveyancer here to assist and draw up the legal deeds as appropriate. If either/both properties are mortgaged then the lenders will insist that you do anyway

Thanks Adam - one, i know is based on a re-mortgage on a different property. and the other I can find out. The only variation will be the lease extension from 81.5 to 999 years. Hoping to do it ourselves without incurring the same painful, costly legal process.

Another recent good step was your central enquiries/investigations responding:
The lease shows the correct property on the lease plan which has now been allocated the address of 66 Wilsdon Way.

This was with regard to no. 42 being referred to in the lease since it is not unusual for the address of properties to change on a large development where the properties are built in phases. Each is allocated a plot number on the estate, and the postal address usually comes afterwards and can change from the original intended address set out by the developer. As The Land Registry pointed out to me - while, the solicitors highlighting it as a typo... 

My trust in costly legal processes has eroded somewhat....nevertheless thank you for what you do. This service is amazing and so helpful, hope it does not get funding cuts.

64 is ON94510 - Freehold and ON89439 - Leasehold (flat belwo)
66 is ON90083 - Freehold and ON89688 - Leasehold (one we are purchasing - upstairs flat)

Since completion of purchasing 66 Wilsdon Way on 21/7/25 I want to obtain copies of my registered titles from the Land Registry, is it too soon to phone and request them? I presume I am asking for both the freehold and leasehold titles of 66? Thanks Adam.



 

I need to get the above details for the Deed of Variation for the lease extension, thanks

PS you may recall 64 Wilsdon Way (downstairs) was sold/transferred in 2024 and that registration is also still going through.....

66 is not mortgaged.

Just checking it is FR1 that is completed?
And which box needs ticking in question 5 of FR1 - the class of title applied for is?  Thanks