Missing memorandum of staircasing - affecting sale - worried

[isthisone]

I purchased my property 4 years ago. It had been staircased 100% in 2007. My solicitor at the time was happy with a letter from the freeholder confirming this. I am now selling the property (using the same solicitor I purchased through). My buyer's solicitor has requested the memorandum of staircasing. I don't have it. The freeholder doesn't have it, although their records show it is owned 100% and they have offered to write to the solicitor to say this (but this isn't enough for the buyer's solicitor). We are hoping the solicitor who dealt with the staircasing (although this was 11 years ago) has a copy on file still. My concern is what happens if we can't get this memorandum. Does it mean I will never be able to sell my property and if this is the case do I have any legal protection. I am really anxious at the moment and feel sick and can't stop crying

I don't see the issue if the freeholder is prepared to confirm this. Surely they could do a stat dec confirming this was what was done and they don't have the paperwork? Your solicitor should be suggesting a solution.

Sadly, my solicitor isn't been much help. Just saying he will try to talk to my purchaser's solicitors. When I chase him he just says he hasn't managed to speak to him. I don't know what to do to a) get some answers and b) speed them up. If I do need additional paperwork, the solicitors are now just dragging out the process and the whole chain will collapse.

I would do the groundwork with the freeholders and check when someone suitable will be available to sign a stat Dec if necessary - they'll need to go to a solicitor's office to do it. You'll need to cover their costs, which shouldn't be very much. Does your solicitor have an assistant or secretary you can speak to? If you can't get a sensible response then check the paperwork they sent you when you first instructed them and go through their complaints procedure. Have you told the EA the situation? They can be quite useful communicating between parties and keeping everything together - after all, they want to get their commission.

Thank you so much. The solicitors have spoken and if we can't get the memorandum he will be happy with a new one from freeholder so they are preparing that just in case

Hi there I’m in the same predicament having lost my memorandum of stair casing. Did the above work for you as again my sale is about to fall through unless I can find a solution!! Many thanks Tom

We're u able to get a replacement of memo of staircasing and was it accepted by the buyer solicitor