Is it possible to change the title plan without a solicitor?

by Readers Question

8:02 AM, 7th May 2014
About 6 years ago

Is it possible to change the title plan without a solicitor?

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Is it possible to change the title plan without a solicitor?

The floor plan of my flat is not correct. The flat is a split level flat but the title plan in Land Registry says it is on one level. It is a pure mistake and there is no change of the structure at all. Is it possible to change the title plan by myself without using a solicitor? Is it possible to change the title plan without a solicitor?

Many thanks

John Lee


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Comments

Mark Alexander

8:05 AM, 7th May 2014
About 6 years ago

Hi John

Why wasn't this picked up in the conveyancing process when you purchased the property?

If I were you I'd go back to the conveyancing solicitor who dealt with the purchase and ask him to correct his own oversight, obviously without cost implications to you.
.

All BankersAreBarstewards Smith

8:45 AM, 7th May 2014
About 6 years ago

at some stage in the conveyancing process the purchaser's solicitor will ask the purchaser "is this plan of the property you're purchasing accurate". S/he in their office cannot be expected to know if it is a correct plan or not, unless the purchaser, who presumably has visited the property, tells them yes or no. Re making changes to the plan.... I have always found the land registry staff very helpful... give them a call and they can talk you through what is possible. A lot of what solicitors secretaries do with LR is quite easy.

Mark Smith (Barrister-At-Law)

8:54 AM, 7th May 2014
About 6 years ago

The solicitor will be able to carry out a process called rectification, where the register is changed to reflect the true position if a mistake has been made.

Mandy Thomson

9:00 AM, 7th May 2014
About 6 years ago

The advice already given is sound - assuming it's not possible for the solicitor to get the plan amended, contact Land Registry http://www.landregistry.gov.uk/contact-us supplying as much detail as you can - they will check to see if it was an error on their part. If Land Registry find it isn't their error, you will need to submit a Deed of Rectification http://www.landregistry.gov.uk/professional/guides/practice-guide-68 to get the plan amended.

John Lee

9:30 AM, 7th May 2014
About 6 years ago

Thank you for the advice.
Here is my complete story. I am in the process of purchasing #136 XXX Road (the whole site is built about 15 years ago). The solicitor discovered that the floor plan of #136 and #137 are switched, i.e. the floor plan of #136 is actually for #137. The seller's solicitor said they have to change the floor plan for both #136 and #137 (possibly because one is split level and one is not) and this will take a long time. The seller's solicitor won't speak to me so I can only imagine that the requirement to change both flat's plan is from Land Registry. One flat is split level and one flat is not - if only change one flat then the plan for the whole floor would appear physically / logically impossible - hence will be rejected by Land Registry.
5 months already gone since they accepted my offer. I am thinking to complete the flat purchase now and deal with the defect plan later. I am thinking to change the plan myself without a solicitor - would Land Registry happy to deal with me as a layman? And what kind of cost I need to consider if I use a solicitor?

Mandy Thomson

10:09 AM, 7th May 2014
About 6 years ago

Reply to the comment left by "John Lee" at "07/05/2014 - 09:30":

Of course Land Registry will deal directly with you - in fact there is no law preventing anyone from doing their own conveyancing - although I wouldn't recommend it! Send them an email or ring their enquiries and explain the position.

Devon Landlords

11:43 AM, 7th May 2014
About 6 years ago

Reply to the comment left by "Mark Smith (Barrister-At-Law)" at "07/05/2014 - 08:54":

Hi Mark, This “rectification” issue is of interest to us too. Two years ago we were in the process of selling one of our buy-to-let maisonettes and were just about to exchange contracts when the Buyer’s Solicitors found there was a discrepancy in that the car parking space and small “garden” with one shrub on it next to the front door (measuring about one square foot!) was not shown correctly on the lease that the land registry had. Our solicitor said that we would have to have a rectification of the whole lease. We never found out how much time, effort and cost this would take for us, because a couple of days later there was another issue and the Buyers totally pulled out. However, we would really be interested to know whether we should sort this out now as we will undoubtedly want to sell in the future and wonder if you would have a rough estimate on costs for this procedure? Thank you! Di

Michael Barnes

9:15 AM, 8th May 2014
About 6 years ago

It is possible to do almost anything without a solicitor.

Whether one should is a different question to ask ones self.


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