Error In Registering A Property

[DarceyK123]

My daughter bought a leasehold flat 16 years and has now decided to get somewhere bigger.

However the buyers Solicitors have noticed that the details have been incorrectly registered with the Land Registry. They are saying its a 2 bedroom upstairs flat whens its a 1 one bedroom ground floor flat.

She has contacted her old Solicitors who say that they have destroyed the file as it was so long ago and cant help.

Surely they cant just wash their hands of it? Their error has left my daughter with a flat she cannot sell, what can she do? She must have some sort of redress?

Any help appreciated.

[AuntLydia]

I have worked in estate management for a long time. Firstly, your daughter CAN sell her property, the details just need to be changed. The land registry is not 'saying' her flat is a two bed 1st floor flat, they are 'saying' that is what is in their records, which can be changed.
The original solicitors should be responsible, but proving it was their fault and not an administrative fault at the LR could be difficult. The link below gives a lot of information on rectification of a LR mistake. You daughter needs to Instruct her solicitor to start rectification process and perhaps a stern letter from them to the original solicitors may result in them paying towards the costs of rectifying what you feel is their mistake.

https://www.gov.uk/government/publications/rectification-and-indemnity/practice-guide-39-rectification-and-indemnity

[Canary42]

So much for "Never do-it-yourself, always use a solicitor, they know what they're doing, and are answerable for any errors".

Disgraceful Profession.

[woofgang]

Did she not check what had been registered at the time?

[AuntLydia]

woofgang well obviously not. The registration at LR is done by the conveyor, in this case incorrectly so I do believe the OP's daughter has a case for compensation.

[DarceyK123]

Thanks for the replies, will pass them on to her.

No Woofgang, she didnt feel the neef having paid Solicitors thousands to do the job.

[woofgang]

well yes, but she would have found it much easier to get them to correct their mistake if she had checked at the time.

[DarceyK123]

She realises she will be able to sell eventualy but right now who knows how long it will take.

She wants to move now and has a buyer but cant see him wanting to hang around for ever.

[AuntLydia]

Darcey she or her solicitor will have to fill in an AP1 form to rectify the mistake. It will only take a couple of weeks and certainly should not be a deal breaker.

[DarceyK123]

Oh thanks AuntLydia , thats good news, shes so worried.

[Peter Pedant]

thanks
good advice from Aunt liddie

yes I had this - with added asset recovery agency interference - they thought the incorrect info revealed a hidden corrupt transaction and threatened confiscation.

Luckily the gap was shorter - 6 y and I made the original solicitor rectify at nil cost