Un-Registered Land - Slightly Different Scenario!

Un-Registered Land - Slightly Different Scenario!

Postby dannymassive » Wed Aug 16, 2017 6:56 pm

This could be a long post to try and get all the facts in..... so please bare with!

We put our house on the market at the end of April and accepted an offer on it towards the end of June. A week later, we had our offer accepted on a property that we viewed and loved. So, we are now in the process of purchasing said house. Solicitors instructed and local searches etc commissioned. We had our survey completed which came back fine and had our mortgage in place ready to port over to new property. All was going fine & dandy, until the contracts for our purchase came through from our solicitors. They had highlighted that the maps from the local searches and the Ordnance Survey maps do not match the title plan for the property we are purchasing. After further investigation from our solicitors on the Land Registry maps portal that they use, we have discovered that part of the land that the house is built on and part of the land that the garage is built on, is "Un-Registered" with the land registry. The house was built on a large plot that was divided up back in the late 1960's / early 1970's by the owner of the land at the time. Fast forward to 1991 and the same owner demolished the original bungalow that was on the plot and built the house that stands there today - the house we are buying. The current Title plan, I am told by Land Registry, is based on a plan from 1963, which is prior to the land being divided. The neighbour has been very helpful in that it was his Father that purchased part of the divided land to build the house that he now owns on. This neighbour has confirmed that the boundary has not changed since the land was divided back in the late '60's / early 70's, he has also provided an aerial photograph from circa 1970 showing the boundary as it still exists today - albeit with the old bungalow still present! Now, the problem we have seems to be that there are no longer any physical deeds - they have either been destroyed, lost or are not traceable. The sellers solicitors were passed this information a few weeks ago, but are not very forthcoming with a solution to getting the land registered so that we can continue our purchase.

Any idea's on how this will pan out?!
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Re: Un-Registered Land - Slightly Different Scenario!

Postby mr sheen » Wed Aug 16, 2017 7:15 pm

You buy a property pretty much on a caveat emptor arrangement ie buyer beware...so beware! Only buy a property if you are absolutely happy that what you are paying for is what you are getting and that what you are getting, you are happy with.

If there is an issue with the deeds and the current seller has not addressed this....a bit fat WHY NOT looms. Before proceeding further and spending more money I would tell the sellers that they need to sort the matter out to the satisfaction of my legal team .....and if that was not forthcoming I would not proceed with coughing up hundreds of thousands of my hard earned pounds.

Since you are having a mortgage, your mortgage provider will also have a solicitor (may be yours as well) but the mortgage provider will want confirmation of title befor they will cough up their cash too.
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Re: Un-Registered Land - Slightly Different Scenario!

Postby jdfi » Tue Aug 22, 2017 11:49 pm

There may be ab opportunity to get a discount, but that is of no use if you need to get a mortgage.

It really depends what evidence they have to offer and how LR treat it.

This is why anyone with elderly parents etc should undergo voluntary registration if their house remains unregistered.
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Re: Un-Registered Land - Slightly Different Scenario!

Postby jonahinoz » Wed Aug 23, 2017 8:55 am

Hi,

The way round this problem is to ask your solicitor if your lenders will accept Mortgage Indemnity Insurance (Google) I assume your solicitor is acting for your lenders too. I suspect that your solicitor will be paid commission for arranging this insurance

Unfortunately, I don't know what the "indemnity" is. Do they pay you the money that you have lost? Do they pay the "paper owner" for the land he has lost? Do they just pay your legal fees, win or lose? I'm guessing that they will not insure you if there is any chance that they will have to pay anything.

In theory, the buyer should pay for this insurance. In practice, if the vendor doesn't pay for it, he loses his sale.

MI Insurance is secretive. The insurers do not want you to tell anybody that you've got it. They will only deal with "professionals".

On completion of your purchase, the property will be registered ... but you won't get absolute title for twelve years, which may be a deal breaker if you try to sell during that time. The same will apply if your vendor registers the property before you buy. I think.

John W
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Re: Un-Registered Land - Slightly Different Scenario!

Postby dannymassive » Wed Aug 23, 2017 4:00 pm

jdfi wrote:There may be ab opportunity to get a discount, but that is of no use if you need to get a mortgage.

It really depends what evidence they have to offer and how LR treat it.

This is why anyone with elderly parents etc should undergo voluntary registration if their house remains unregistered.


Indeed the property shall be mortgaged so no discount will be available in this instance! At present, no evidence exists to show ownership as the original deeds are not yet traceable. It is now looking as though when the house had its first electronic registration back in 2005, that an old, incorrect title plan dated 1963 was submitted. Our solicitor is now trying to trace the solicitors that did the first registration in hope of obtaining the actual deeds. If these are obtainable, then problem solved!

Couldn't agree more about voluntary registration - would save a lot of people a lot of problems!
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Re: Un-Registered Land - Slightly Different Scenario!

Postby dannymassive » Wed Sep 06, 2017 7:05 pm

Just a little update for those that may be interested. It is possible to contact The Land Registry and obtain details of persons involved with a specific transaction. This includes details of solicitor or conveyancer if one was used.

Following obtaining the details of the solicitor that acted for my vendor when they purchased the property, my representative has contacted the said solicitor in hope that they have retained the original deeds for the property as they were the ones that registered it with the Land Registry. Fingers crossed they will still have the file as my representative suggests that it is best practice to retain files for property purchases for at least 15 years. How practical and likely this is, I do not know.

If the deeds are obtainable, that will be the end of our problem and we can go ahead with our purchase, as the registration of the land can be done following completion once we have the deeds.

So, fingers crossed!
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