Photos and updates of the work we have put in to developing our Victorian home

Friday, April 01, 2005

Crap

Is it all about to go Pete Tong?
Maybe.
Yesterday i spoke to my solicitor to discover that despite my searches coming back on the property and a 'TP1' form starting to be drafted, (this form is required as the land at the back of the property has been split by current vendor who is retaining part of the land and land rights need to be formalised), the vendor is still threatening to pull out if everything is not completed by this Friday (8th).

Cripes, half the reason for the delay is the drafting of this blooming TP1 form. Her solicitors have been shy in coming forward with the information neccessary so my solicitors are taking longer than usual to draft it. They also wouldn't let my solicitor have a copy of the TP1 form that hey drafted themselves which shows the extent of the land she is retaining. If they had seen this, it would be very clear to draft a TP1 form for the remaining land. At least this is my understanding of the matter, having spoken with my solicitor.

In an effort to speed things along when faced with solicitor's conundrums, i decided to ring the Land Registry. I figured, if i new how TP1 forms worked, then i would be better informed to instruct my solicitor. As a result, i spent two hours on the phone with them today. Boy am i glad i did.

I have discovered, after chatting with a very verbose but helpful lady that, the old lady that sold the house to the current vendor last September would have drafted a TR1 form to transfer the whole property to the current vendor. After that the current vendor, having elected to split the land off the back, would be required to draft a TP1 form for the land she was retaining and the land that she is transferring. After looking at the forms in place, there is evidence of a TP1 form showing the extent of the back of the garden that is split off but the title deed states that it is 'X Wesley Road' and not 'The land adjoining X Wesley Road'. According to The Land Registry, this is an error and needs to be sorted out. However, this is an error of the vendors yet she is threatening to pulling out!

I also discovered that her solicitor's insistence on my solicitors, to draft the TP1 form required to transfer the land and property over to us, doesn't usually lie in the buyers hands. It seems logical that a transfer of part of the land would be drawn up by the vendors solicitor rather than the buyers. Afterall, the vendor would be the one setting out rights and ensuring that everything is in place for a sale. The Land Registry admitted that there is no law about who draws up a TP1 form, but they did say if pushed they would expect a vendor's solicitor to draw it up. So their insistence on us drafting it, when we are under pressue regarding time, seems ludicrous if everyone truly wants the sale to go through. One can only hope that they don't have hidden motives.

I don't think that her solicitors will hear about all this until Monday, i just hope she sees the situation for what it is and becomes more flexible.

1 Comments:

Anonymous Anonymous said...

Crumbs, I'll keep things crossed for you...I think it's the rule that SOMETHING has to look like it'll screw the sale up though, so it might just be sod's law. When we bought our house it looked like we might have trouble getting the current resident to move out, as she couldn't complete on her new place and where she was living was actually owned by her mum...i.e. no hurry for her to move out at all from her point of view. We got stroppy. It worked.

11:43 am

 

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