Title deeds error (Scotland)

[Christmasiscomingg]

Hello wondering if anyone can help!

I’ve recently bought a flat and there’s been an error somewhere between the current owners taking over from the previous owners who are now deceased. The current owners have accepted my offer but it’s been noticed that the deeds have an error.

The error in wording means that instead of owning one of the six flats in the block, I would own my flat plus one sixth of all the properties in the block, which is clearly unacceptable and un-mortgageable. My lender is still assessing my application and aren’t aware of the issue yet.

Has anyone experienced this or similar and know how quick and easy it is to fix? My solicitor seems to think it’s a nightmare but it looks like it’s something that land registry can possibly fix from what I’ve read online? I’ve sold my home but have somewhere to go and I’m happy to wait for it to be fixed (within reason e.g. ideally not more than 6 months).

Are you sure it's not just describing your share of common repairs?

@JamMakingWannaBe so the title plan is an image of the block of flats, the row garages, driveway and shared gardens with a solid red line around everything.

The deeds are worded saying I’ll own the first floor flat, the fifth garage from the northernmost side and then it says “a one sixth share pro indiviso of the subjects edged red on said plan.”

The solicitors have advised this means I would own one sixth of not only my own property and shared gardens but one sixth of everyone else’s homes too.

I can’t find online where it would show how communal gardens are denoted on title deeds in the case of flats.

It's not your nightmare to fix, it's the vendors issue. So contact them, and be clear that you can only proceed once the error is fixed.
See if their solicitor will come back to yours with a plausible time frame etc.

I know it’s their problem to solve and my solicitor is pressing them to resolve it but the responses seem very vague and I was wondering if anyone had experienced the same or similar and how long it took to fix the problem.

In England the landlord (if willing) would enter into a deed of variation to rectify the error and the seller’s solicitor should be attending to this. I would imagine there is something similar in Scotland. If I was the seller of the property I would be approaching the solicitors who acted when I purchased as it will be time consuming and costly to rectify this error.

@pilates I think so far what’s happened is that they’ve written to land registry who have confirmed there’s no error in the deed but it does read that I would own more than I’m supposed to so someone will need to fix it.

Whatever there sounds like some negligence involved from when the sellers bought. I wonder if the sellers are using the same firm of solicitors they used to buy? Are you prepared to wait as you could have significant delays trying to rectify this error?

Yeah I’m happy to wait but don’t want my mortgage offer to expire in the meantime!