Deed of variation – Simple enforceable document in law?

Hello, What is the legal position when a new lessee takes over a property 5 years after a permanent boundary change is in place and was agreed in writing but one party (the lessee) subsequently dies before registering the deed of variation with Land Registry? Still ongoing for 5 years!

My wife and I purchased an upper flat as the Lessors (Landlord) 20 yrs ago. It had a shared yard with a single entrance for bins etc.

For years, the owner of the ground floor flat (Lessee) suggested dividing up the yard with a separate entrance for each of us and this would improve privacy. We agreed to this as it would add value in the event of either party needing to sell up in the future.

I paid for 93% of the project as the Lessee said she could not afford to go half (as required per the Lease agreement). Land Registry suggested that I need not employ a solicitor to do this (est £1,000 min) and so 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.

However, in order to register the Deed of Variation, Land Registry requested a letter of agreement from each party’s lenders. However, lenders would only accept a written request from each party’s solicitor. That is when problems started.

The Lessor had an accident and gladly recovered but this delayed proceedings and she later died and the estate went into probate. The solicitors for the Lessee’s first solicitor was sacked for not carrying out directions or engaging with my solicitor and the seller’s new solicitor also failed to engage and let a sale by auction proceed in 2024 without informing my solicitor.

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) even though buyer viewed property with seller before submitting a bid – a brick built boundary wall has now been in place (5 years).

Buyer states there is insufficient access for a mobility scooter through the new gate (standard size) and overall the new layout of yard is less advantageous to him.

After a discussion with the new owner’s solicitor, my solicitor has told me that I cannot proceed with a new deed of variation without agreement from the new owner even though I have a written agreement from the previous owner and new owner may sign new Deed of Variation if I reduce the price of granting a lease extension at say 50% of the market cost £9k including fees.

I have already shelled out several hundred pounds in legal fees and am no further forward 5 years into this case. I believe my solicitor has been negligent/incompetent by not using other means to make contact with the seller’s solicitor(s) (asking me if I can get the previous and new owner to make their solicitors engage with him!!).

NB. In an email to seller’s solicitor, my solicitor identified the previous Lessee as the “FREEHOLDER” instead of the LEASEHOLDER and in reply the seller’s solicitor did the same ! ).

Obviously, I am dissatisfied with the service I have NOT received and had to ask about the complaints procedure which prompted some movement but apart from terminating the services of my solicitor and starting again, has anyone any other useful suggestions. (I have kept a record of all emails and texts)

Signed,

Exasperated