Wrong Folio number

jack_t

Hi All,

I hope it is the correct forum for my query.
I am in the process of buying a house. My solicitor just received contracts and the folio number advised by the vendor's solicitor relates to different property down the road.
Looks like that on the land register vendors own different house and their house is owned by someone else.
I know that it will have to be sorted between both solicitors, but my question is how much this will delay the sale and is it very complicated to correct folio number on the land registry.

Thanks and regards,
Jack

Pat Mustard

Shouldn't take long. Drop an email to your solicitor about it.

Zambia

I am so glad I had a good solicitor to ask these things to.

jack_t

The Mustard wrote: »

Shouldn't take long. Drop an email to your solicitor about it.

Thanks for reply. Solicitor is back from holidays on Monday and I will give him a call.

jack_t

Zambia wrote: »

I am so glad I had a good solicitor to ask these things to.

I am so glad my solicitor is back from holidays on Monday and I will get my queries answered.

Contracts came when he was on holidays and I only got a letter from his office confirming they have the contracts and copy of the folio was attached.
I thought I could get some information from other members of boards.ie before my solicitor is back.
What is wrong with asking questions here?

Hippo

Is it your point that the folio number relating to the property itself is incorrect or that the wrong folio number is in the contract?

jack_t

Hippo wrote: »

Is it your point that the folio number relating to the property itself is incorrect or that the wrong folio number is in the contract?

Vendor's solicitor confirmed that the title to the property is registered on folio 12345.
Enclosed was a copy of the Land Registry map relating to folio 12345 which shows the property outlined in red.
But the property outlined in red is not the property I am buying.
So I have checked on the Land Registry website and folio 12345 is for a different property.
On the Land Registry website the property that I am buying is on folio 56789.

I rang my solicitor's office to inform them that the folio number/map is incorrect. They were to inform the vendor's solicitor straight away and my solicitor is back from hols on Monday so he will follow up.

After waiting for contracts for 2 months I am just nervous that the sale will take forever to complete.

Any advice regarding possible delay much appreciated.

Sala

jack_t wrote: »

Vendor's solicitor confirmed that the title to the property is registered on folio 12345.
Enclosed was a copy of the Land Registry map relating to folio 12345 which shows the property outlined in red.
But the property outlined in red is not the property I am buying.
So I have checked on the Land Registry website and folio 12345 is for a different property.
On the Land Registry website the property that I am buying is on folio 56789.

I rang my solicitor's office to inform them that the folio number/map is incorrect. They were to inform the vendor's solicitor straight away and my solicitor is back from hols on Monday so he will follow up.

After waiting for contracts for 2 months I am just nervous that the sale will take forever to complete.

Any advice regarding possible delay much appreciated.

Why would you have to amend folio number in Land Registry? If the vendor is the registered owner of of folio 56789, and you want to buy folio 56789, the delay will be limited to a couple of days - reissue contracts and get correct folio and file plan. If there is some sort of title/land registry issue, sorry I don't know.

Pat Mustard

If he is buying part of a folio, a new map would need to be drawn up by an engineer in order to identify the correct property in sale. This would delay matters by however long that might take.

If he is buying a whole folio, it will be a simple matter to download the correct copy folio, order a new map from the Land Registry, make amendments to the contract, and reissue to the purchaser's solicitor.

The thing is, it's a buyer's market.

Hippo

Sounds then like it's just a matter of amending the incorrect folio number in the contract, no need to involve the PRA.

jack_t

OK so there is some update.

The vendor is John Smith and he is the owner of property A that I want to buy.
On the Land Registry John Smith is registered as the owner for property on folio 12345.
But folio 12345 shows property B which is owned by someone else.

On the land registry map property A is on folio 56789 and the registered owner is James Smith (same last name).

So looks like during registration process or names were mixed up (same last name) or folio numbers were incorrectly assigned to properties.

As advised by my solicitor not in position to sign contracts until this issue is sorted out by the vendor or his solicitor.

Is it a matter of correcting properties' folios numbers on the land registry map, or properties' folios numbers cannot be changed and both Smiths will have to apply to the Land Registry to swap their names on folios?

Any advice especially on how long it can take much appreciated.

Hippo

In that case the PRA will obviously have to amend its error. I've known this kind of thing to take months because they have to go through all the original documents submitted - but if all parties involved were to submit 'expedite letters' explaining the necessity of treating the matter urgently, it may speed things up. That's provided no disputes emerge! If it's straightforward you might only be looking at a period of weeks.

If I were you I'd keep after your solicitor on this, it's the kind of thing that could easily disappear into someone's desk for a while in a busy practice.