"We are in the process of selling a flat in Dartmouth. The sale has stalled due to the fact that originally the property comprised two one-bedroom flats. It was converted into one two-bedroom— as far as we're aware this was carried out over 20 years ago. The purchaser's solicitors are insisting on having plans drawn up to indicate this original conversion with a deed of variation. Since this occurred such a long time ago and the property has been sold twice since, is this really necessary or are they just being awkward?"
Russell-Cooke associate Bryony Shawe answers a reader's question in the Home Help section of the Sunday Times and explains that, without seeing the relevant deeds, it is difficult to say but if the changes to the flat were carried out in breach of the lease it is not unreasonable for a buyer to want that to be regularised now.
Bryony's answer is available to read on the Sunday Times website via subscription.
Bryony Shawe is an associate in the conveyancing team. She has experience in the purchases and sales of high value residential freehold and leasehold properties, including country homes and estates.
Originally published by The Sunday Times
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