Deed of variation – Simple enforceable document in law?

With hindsight you should have perhaps gone to a solicitor to start with, especially as you have lenders involved – they don’t like DIY documents.

Your solicitor is limited by protocol as to how they contact the other party’s solicitor, so asking you to assist in communication does not seem unreasonable. The other party and their solicitor are presumably not obliged to deal with you hence their lack of response.

I am not sure what you expect your solicitor to do. You’ve picked up on a mistake, of little consequence, to try and discredit your solicitor and raise a compliant. Of course, we expect no mistakes, but they do happen.

The best thing you could do is meet the other party and agree with them what the deal is. Once that is agreed that’s the point to get solicitors involved – document proper Heads of Terms for the deal. If the other party will not agree, there’s a fair chance the deal will not happen.

“The auction buyer of the property (property investor) now has me over a barrel claiming ignorance of the draft Deed of Variation stating that it was not in the Auction pack (written testimony from seller in Sept 2024 contests this)”

Not a lawyer so not legal advice but this seems to be more of a problem between the seller and the buyer. Either the seller failed to provide a document or the buyer didn’t look properly. You state the seller made a written testimony that the Deed existed. Let those two parties argue it out.
How exactly does the buyer of the property have you over a barrel?
What do you lose if you sit back and let the buyer complain? If I understand correctly the garden is physically split already?
Seems like they are just looking to get a cheap Lease extension. How long has their Lease to run?

Never a conveyancer but am I right that nothing legal exists so far as the Land Registry is concerned unless duly registered? Could the auction buyer demand that the wall someone erected be removed?
Sorry, looks like a classic example of do it cheap DIY gone wrong.
Go back to Go.

It isn’t clear what your deed of variation was trying to do. I assume it was to reduce the area of the neighbours long(?)-leasehold property. If so then it will have needed the agreement of the neighbours lender to be valid. Without that consent it is just a nullity. That’s why the Land Registry will have wanted to see letters from the lender(s).
The fact the buyer knew about the DoV is neither here nor there because the DoV was of no effect other than potentially between you and the neighbor PERSONALLY.
You also refer to the DoV as a “draft deed” so it isn’t clear whether it was ever actually properly executed and completed, which adds a further layer of uncertainty, even before considering the lack of lenders consent.
Dealing with lawyers can be frustrating but there’s a reason not everyone is allowed to do their own conveyancing, and lawyers should have professional indemnity insurance for when things go wrong.
It sounds like you may just need to chalk this one up to experience and try to renegotiate with your new neighbour. Either that or physically reinstate the old boundaries.

My ‘take’ and I’m not a solicitor.

The new lessee bought the leasehold at auction sight seen and discovered a problem. (The reason why leases sold at auction).

HMLR title shows original boundaries but boundaries moved without DOV therefore illegal and breaching Lenders regulations.

New lessee wants what he bought in the title.

As Lessor/FH you have to return the boundaries to those marked on title plans otherwise its misrepresentation and you can be sued.

Lesson learned.

‘Draft’ is just that.

Reply to the comment left by Blodwyn at 19/02/2025 – 12:13
Well, yes. But the OP did say: “I drew up a simple deed of variation and amended the plan and all documents were duly signed and witnessed in November 2019 and I submitted an AP1.”

The relevant point is that the DOV was not registered with HMLR because it required consent by Lenders whose mortgages are secured on the original lease.

Furthermore the new Lessee bought the leasehold title with the original boundaries and does not want these new boundaries because they do not allow access to his motability scooter. He wouldn’t have purchased the leasehold if he had known he would not have reasonable access obviously.

The boundaries shouldn’t have been changed without registration at HMLR of the DOV.

Raises the issue of why boundary changes were rushed.

The solicitors acted for the executors of previous Lessees Will. Unless written in lessee’s Will there was no legal obligation on the executors and their solicitors to do anything other than carry out duties in the Will. The solicitor would be paid out of the lessee’s estate to realise and distribute the dead person’s assets and therefore the leasehold title was auctioned.

It’s always buyer beware at an auction sale.

Reply to the comment left by Julesgflawyer at 20/02/2025 – 09:34
Were they signed off by ALL required parties?

Reply to the comment left by Blodwyn at 20/02/2025 – 11:13
You’d have to ask the OP. Sometimes mortgagees are a party to a DoV but more commonly, for administrative convenience, they just provide a letter of consent and the DoV is then completed (dated) when that consent is to hand. Only at that point should the DoV properly be sent to Land Regy.