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Deeds rectification

  • 03-10-2018 2:01am
    #1
    Closed Accounts Posts: 5,596 ✭✭✭


    Bought our house in 2004, it had another site beside it but the builder had not started to build yet. Used a solicitor etc assumed everything correct. Fast forward to 2018 our house was put on the market sale agreed...but a problem discovered. Apparently who ever prepared the site maps in 2004, put myself and my wife on the vacant site that was beside the house we bought. They put the names of the two parties to the site beside our home onto the site/ house we purchased. Needless to say we were stunned, but our solicitor believes it easy sorted once the two parties are willing to sign a release and new folio maps will be issued and sale should still proceed, buyers are aware and are willing to wait a few weeks. Anyone ever encounter this and was it this easy. Tia.


Comments

  • Registered Users, Registered Users 2 Posts: 26,998 ✭✭✭✭Peregrinus


    It's easy as long as the other parties involved are co-operative - which they should be; it's no more in their interests than it is in your to be registered in respect of the wrong plot. Complications should only arise if the other parties are rowing among themselves, or with their bank, or something of the kind.

    The one thing solicitors can't check, and can't be expected to check, is that map and plans attached to the title documents show the property correctly. They literally never see the property being sold; how are they to know that it is correctly shown on the maps? It's always down to the purchaser himself to look at the site plan and satisfy himself that "yes, this is a plan of the site that I am buying".


  • Registered Users, Registered Users 2 Posts: 475 ✭✭mickuhaha


    Peregrinus wrote: »
    It's easy as long as the other parties involved are co-operative - which they should be; it's no more in their interests than it is in your to be registered in respect of the wrong plot. Complications should only arise if the other parties are rowing among themselves, or with their bank, or something of the kind.

    The one thing solicitors can't check, and can't be expected to check, is that map and plans attached to the title documents show the property correctly. They literally never see the property being sold; how are they to know that it is correctly shown on the maps? It's always down to the purchaser himself to look at the site plan and satisfy himself that "yes, this is a plan of the site that I am buying".

    Agreed in respect of above. My addition is when both parties sign the deed of rectification get your solicitor to send it into the land registry immediately with a separate expedite letter not with the application. Or it will take awhile to be done.


  • Closed Accounts Posts: 5,596 ✭✭✭Hitman3000


    Thanks to both of you for your replies.


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