# Title rectification & (re)registering of deeds



## Demented (4 Sep 2006)

hey all,

I'm in the process of having a title rectification 'done' on my house because when I went to sell the house, I discovered that my solicitor did not do her job correctly. I'm told that an updated map must also be agreed and attached to the existing deed. What I'm wondering is is it possible to simply append a title rectification and a map to the existing deeds or does that solicitor not need to first obtain the deeds via the bank? If so, I'm presuming that's going to take another few weeks...

/D


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## mf1 (4 Sep 2006)

Where are your deeds? Its not clear. If you know there is a problem and you seem to be fixing it then that sounds as if someone (your solicitor?) has the deeds but you ask about getting the deeds which sounds as if the deeds are still with the bank. And yes, that takes a few weeks.  

mf


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## Demented (5 Sep 2006)

thanks mf1, yes, the deeds are still with the bank. When I originally attempted to sell the house, my solicitor (not the solicitor whom I originally dealt with when I bought the house) requested and received the deeds from the bank. However, after it became clear that I could not sell the house because of problems with the deeds, she then returned the deeds to the bank (telling me that the original solicitor would have to sort out the problems with the deeds). I then had to get onto the original solicitor asking her to sort out the problems (I had to get the Law Society onto her but that's another story). 
Anyway, the original solicitor is telling me now that the title rectification is drafted but that a new map also has to be drafted/agreed before the rectification can be completed. I have asked her does she need to get the deeds from the bank (as I'm aware that she needs my permission to do that and that it takes a few weeks) in order to attach the new title rectification and map to the existing deeds (that is what she has told me needs to be done i.e the new rectification and map must be attached to the existing title and map rather than replacing them) but what I don't understand is how she can simply attach a new title rectification and map to the title deeds if she doesn't actually have access to the deeds (as they're with the bank)?

hope that makes a bit more sense,
D


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## ramble (5 Sep 2006)

Is your property land registry or registry of deeds, what exactly was the problem, does it involve a neighbour/builder or other land owner?   In any event it seems that the mortgage is also incorrect (wrong or insufficient property charged) and all documentation including the original mortgage should be taken  up from the bank to put it right.  As you were obviously unhappy  with this solicitor I am disappointed to hear that the new solicitor simply referred you back to  them.  I would have thought the correct way to proceed was for the new solicitor to fix the problem raise a bill and then you could pursue the original solicitor for the cost involved.


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## Demented (5 Sep 2006)

the property is registry of deeds. There were and indeed still are numerous problems with the house sale (it has since fallen through but I need to get the title deeds sorted out if I'm to ever sell the house) but the main issue was one of boundaries with a neighbour's house. That neighbour bought some land (adjacent to his own house) and built 4 houses on it. It transpires that the boundary of my house, according to the map, overlaps the boundary of the neighbour's house. I've also been told that the deeds associated with the neighbour's purchase of the land on which 4 houses were built has also been in need on rectification.
The new solicitor put in a decent effort in trying to communicate with the original solicitor in highlighting the numerous problems but the original solicitor more or less dismissed them. 
The original solicitor was informed of the problems in March this year but they're still not resolved, hence I contacted the Law Society some time ago. The new solicitor said that she could do no more in terms of the deeds as she said that two title rectifications were needed, which only the original solicitor could complete. Naturally I am very unhappy with the original solicitor but what I wanted to get from this thread was whether or not that solicitor can attach a title rectification plus a map to my existing deeds without first obtaining the deeds from the bank and I'm pretty sure now that she does need to do this (which obviously means more delays for me in getting the whole matter resolved). When I asked her this, she told me she didn't need to get the deeds from the bank.


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## ramble (5 Sep 2006)

Copies of the original deeds are fine to fix this sort of problem in registry of deeds.  An extra deed of rectifcation is drawn up, signed by all parties then registered and placed with the deeds.    I presume that the solicitor is familiar with the title and has copies of all relevant documents and so has no need of the originals which are a lot safer in the bank.


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## Demented (6 Sep 2006)

thanks ramble, the solicitor should be familiar with the title as she was the solicitor who did the original conveyancing for the house...good to know she doesn't need to get the original deeds from the bank.


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