NC as this is particularly outing to anyone that knows me or of the situation.
Backstory: We bought the house 3 and a bit years ago. Property and land was registered in 2006, it was a large piece of land split down the middle, driveway down the middle, houses, parking and garden on opposite sides.
We have a copy of a TP1 dated 2006. It’s not drawn with solid red lines as per a title plan, merely someone got busy with different coloured highlighters (blue, light blue, yellow, light yellow) to show ownership of the two separate plots.
There are errors on the TP1. In light of that we are in possession of a letter from Land Registry dated 2007, that explains there are errors in the TP1 and includes a plan which shows the area that was mistakenly shaded, and a title plan outlined in solid red line that clearly shows the boundaries and the buildings in the correct position (TP1 shows our house overhanging the driveway).
Initially buyer’s solicitor asked us to confirm the position of the house and where we park. We did this and heard nothing further. This was before Christmas.
Last week on Tuesday we spoke to our buyer who said she was ready to exchange on Friday (of last week), she paid her deposit and went in Friday morning to sign the paperwork. She signed all documents and then her solicitor told her there was an issue with the TP1 and that it needed rectifying by Land Registry and boundaries redrawn. She was fairly upbeat about it and said she was sure it was “sortable”.
We obviously spoke to our solicitor who was equally as confused as we were. She resent the 2007 paperwork to the buyer’s solicitor. They came back saying that the 2007 documents don’t correct the TP and that it is defective and needs rectifying. Our solicitor contacts the LR, they confirm the 2007 paperwork is the rectification of the 2006 TP1. They go back to the solicitor and their response is that “they are dealing with a mortgage and the issue needs to be rectified”. They then send an ordinance survey mapshot with two coloured lines of crayon on it asking that these boundaries are redrawn as on the TP1 they are not coloured in. It’s literally where the felt tip that was initially used to colour hasn’t gone right up to the line of the boundary.
They then add that on the TP1 the lighter colours aren’t visible on their hard copy, so...you’ve guessed it, it needs rectifying.
Our solicitor is tearing her hair out and fires off another email stating that she’s attached an electronic copy and that if you zoom in it clearly shows the colour difference. This is also what the LR said when it was referred to them.
I’m going out of my mind here, not sleeping well etc. So I rang LR to put my mind at ease, they confirm that the 2007 documents sort out the errors on the TP1 and that the title plan dated 2007 is the rectification of boundaries.
The buyer’s solicitor has asked us to take out Indemnity Insurance and to get the boundaries rectified by LR. That’s the latest from them.
Our solicitor has advised us not to get the insurance as there is no need. The Land Registry have said there will be no rectification as it’s been done.
Feel like we are at stalemate. Buyer tells us she wants to proceed but cannot unless the solicitor supports it for the mortgage company. Do we just pull out and re-market?
I see we have done everything we can do. We actually can’t do what they ask of us as it’s been done. We’ve also already paid £300 for a structural inspection report (that came back absolutely fine) as our buyer only wanted home insurance through a particular company, and that is what they required as parts of the house date back to the 1700s.
To make matters worse we are trying to emigrate and both had to turn down contracts starting after Christmas so that we would be ready to move. I’m confident we will find work. It’s just the ballache of being back at square 1.
Not even sure there is any advice, but feels good to rant about it!