• Would The First Tier Tribunal Agree That The Title Transfer Should Be Rectified?

    By Guest on 27th Jul 2016

    After many problems dealing with an extremely difficult freeholder, over six months ago, our flats collectively purchased the freehold. As our leases show some land which is retained by the freeholder at the back of our communal garden, the notice was served without the inclusion of this land. The previous freeholder signed, in presence of his solcitor a transfer deed (drawn up by his solicitor) which was a transfer of whole instead of a transfer of part. Three weeks ago, whilst we were tidying up the land at the back, the previous freeholder appeared and proceeded to accuse us of trespassing, theft (we were clearing out an old shed) and damages and reported it to the police. He has now realised that all the land was legally transferred over to us. We have since received a letter from his solicitor saying it was a mistake and asking us to agree to it being rectified. Additionally he still had the cheek to instruct his solicitor to include a final paragraph about the supposed theft and tresapassing! We have subsequently heard from Hodders Law that they have advised their client of the options that are available, one of which is an application to the First Tier Tribunal for an Order that be rectified. They also mention an application for an Order for costs. Whilst I know it should be our current solicitor who advises us on this matter, frankly we have lost all confidence in him and feel that he just now wants to wash his hands of it. My question is what view would the Tribunal take when the freehold process took over a year to complete, contract was drawn up by their solicitor, it was signed by them and over six months later to dispute it? Thank you for taking the time to read and reply, it is much appreciated.

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