Can a conveyancing plan attached to a title deed in a house purchase be corrected after exchange of contracts?
Question:I am buying a house from a property developer, and we have exchanged contracts but the conveyancing plan did not include a restriction in respect of an area of my garden (apparently I am not allowed to clear or replant the area, nor fence it off, for wildlife reasons) which according to the property developer it should have done. I was never aware of the restriction, and nor was my solicitor, although the property developer insists I was told. Any suggestions on how best to deal with this? I would prefer there to be no restriction at all, but if there must be one then I certainly want the situation resolved (e.g. by amending conveyancing plan) so that it does not cause me problems in the future when I sell the house. Many thanks...
Answers:
You are correct, you need to file a correction deed. The property developer should draw it up stating what the correction is and refer to the original deed ( volume , page and document # need to be on the form along with the full property description) . Since this was omitted by the property developer he should also pay the recording fee concerning this.
If you've exchanged contracts you've agreed to buy on the basis of what was in the documents of title at the time and the vendor has agreed to sell on the same basis.
For it to be amended now, you have both to agree to a deed of variation and to sign that deed by way of confirmation. If you go ahead, I suggest the developer arranges the deed at his cost, since it's his fault.
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