Land Registry Error! What next!

Goldenlady

Quick version, partner and I have bought a house, everything ready to go, mortgage waiting to be drawn down, final items on snag list to be finished off - and then, it turns out (despite us being the last house to move into the estate) that the estate which we have to drive through to access our estate has been registered for land incorrectly, basically, they are small houses with no front garden but the land registry took in the the house, the footpath and the road in front of them, essentially meaning there is NO entrance into our estate so our solicitor says they cant allow us move in until this is sorted. We know someone living in these houses and contacted them to see if anyone has been in touch - no one has, this is almost a month ago since we found out.
We were to move into this house in August and I didnt mind it being delayed til September, our solicitor is saying this could go on for months - do we have any come back? We have obviously paid our deposit - all our stuff is in boxes ready to move out of our rented accomodation - Can we opt out and buy something else without losing money???????

Dymo

Your solicitor should never of let you sign if the maps aren't correct, if you didn't sign then you can walk away. The change the land regisitry from it could take 6 months plus

jimmycrackcorm

Might be a good opportunity to withdraw from the sale now - sure won't the house be thousands cheaper in six months time?

Goldenlady

Im not sure exactly who spotted the issue initially. We have signed a contract, and the house is fully kitted out to our specs (tiles/carpets/kitchen etc)
Our solicitor said it could take months to get sorted, I wonder can we opt out as the delay is on their side?????? Despite having signed contracts?

TommyT

You should be able to pull out. Your solicitor is best placed to tell you this.

Goldenlady

Ok guys the latest update on this is that our solicitor has been in contact with their solicitor and they are to respond today with either 1) that the land registry issues have now been lodged to be corrected or 2) They will give us a full return on our deposit as they allowed us sign the contracts in "bad faith" knowing that the issue was there.

I love this house, and I really want it - so if they come back with the deposit can I also claim for the extra monies I have put in with the kitchen and carpets etc?

Im really confused over the whole situation!!!:D

the_syco

Goldenlady wrote: »

They will give us a full return on our deposit as they allowed us sign the contracts in "bad faith" knowing that the issue was there.

I love this house, and I really want it - so if they come back with the deposit can I also claim for the extra monies I have put in with the kitchen and carpets etc?

Call me cynical, but they allowed you to put in a kitchen and carpets before the right of way issue was mentioned?