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Buying a house that hasn't been registered with the land registery- any experts about? Please

(19 Posts)
blessedenough Mon 13-Jul-15 18:26:06

We want to buy a house. The people we are buying from want to buy a house that is going through probate - certificate issued.
However many many weeks down the line it has just been discovered that the property they wish to buy hasn't been registered as it was built 30 odd yrs ago and not sold since. I believe it has some land with it possibly a long padock. Having a quick look online it appears it will take at least five weeks to register and this will lead to further delays.

Does anyone know anything about land registry or had a similar issue?? It's our dream forever family home but this process has been so stressful and slow I just feel like walking away! Does anyone have any positive stories??or advice?

lalalonglegs Mon 13-Jul-15 18:38:45

Does the registration have to be done before the sale or, if the deeds are in order, can it be registered afterwards as most house transfers are? If it does have to be before the sale, I have found the LR quite efficient and the five weeks estimate could be a worst case scenario.

blessedenough Mon 13-Jul-15 18:58:34

From what I gather it doesn't have to be done before but they want it be done first as they are risk averse - EA words. So sick of this and I have moved ALOT, never had such a stressful house purchase, this is the last in a long line of delays and hold ups. Bit raw at mo will probably be brighter tom after a good nightrs sleep. Hopefully they will push ahead and sort it after move, would not mortgage people require it?

They have to move by start of school term (as do we) and I gather house needs some work, hoping that will focus their mind! I wasn't sure if there was an issue as the property comes with land and they want to ensure its all there iyswim.

Thanks for your reply.

Fannyfannakerpants Mon 13-Jul-15 19:43:08

We bought a house that wasn't registered Although there was no extra land and it had been sold before. It was just done after completion and the solicitors took out indemnity insurance which cost £30 in case anything went wrong. Maybe this is an option?

blessedenough Mon 13-Jul-15 19:55:05

Thanks fanny hopefully they can do something like that. All this stress is taking the shine off of our forever family home and I dread what might happen next!

SpecialHandsMummy Mon 13-Jul-15 21:16:57

Oh, i feel your pain. Can't advise but I just wanted to say that if it is your forever home, stick with it. It will be worth it. We had 10 months between accepting an offer on our house and moving into our new place. Three months in and I'm so glad it worked out. We live it! Good luck

blessedenough Mon 13-Jul-15 21:50:49

Thanks special, saw the house in march and scared of next hold up, but it will be worth it. Crosses fingers and touches wood, repeatedly.

sallysimpson Mon 13-Jul-15 21:56:04

This problem held our house move up by a month or so, our solicitor advised we do it before exchanging so we did. It was worth it though, and those extra few weeks are forgotten now!

sallysimpson Mon 13-Jul-15 21:59:22

There were no further delays though, we paid about £200 and gave it little more thought. We were busy sending every bit of paperwork relating to our lives to the mortgage company though!!

WizardOfToss Mon 13-Jul-15 22:06:28

Hi, OP, we had this. It's quite common in parts of the country apparently. Our house hadn't been sold in 50 years so it wasn't registered, and nor was it's accompanying land.

Initially we were going to get it sorted after the sale, but our solicitor advised that we got it done beforehand (for many complicated reasons). I agree 5 weeks is worse case scenario, but you might want to consider how many parties will be consulted - we had to include all our neighbours which included an absent owner, the Environment Agency (included a river), Highways agency, etc. It got sorted in about 3, with extreme pressure from me.

I do feel for you, because our whole purchase (and sale!) was a total, 6 month nightmare, and we didn't even have a chain! But it has been totally worth it.

When you get there, all this will be an unpleasant but vague memory!

Just keep on top of your solicitor, keep all parties informed, it will happen! flowers

emwithme Mon 13-Jul-15 23:03:15

The house we bought in March wasn't registered (last transfer was in 1970). We didn't register before the sale (solicitor said there was no need, deeds were quite straightforward). We had the registration documents back from the LR within about three weeks, so it wasn't that bad.

Land Registry are taking months rather than weeks for this type of application at the moment, I'm afraid. High stock levels all round. The solicitors involved need to be proactive in getting the Land Registry to expedite the first registration, they usually will do all they can if there is a sale pending.

RoosterCogburn Mon 13-Jul-15 23:16:17

The house we sold wasn't registered and our buyers were unable to proceed until we registered (believe it was one of the terms of their mortgage)

blessedenough Tue 14-Jul-15 07:39:45

Starlings - that's what my solicitors said, its taking a very long time at mo as LR are back logged. Just as I was getting all hopeful I was being pessimistic, drat! I should hear more today. I am NEVER buying a house again!! This was supposed to be an easy sale!

Glad it worked out for everyone else however and its all a distant memory.

Rosa Tue 14-Jul-15 07:48:54

Friend had this when she went to sell her mums house after death they found that ' she never owned it '. Her solicitor was great and basically they got the house registered to the mum then in to them as it was theirs by will and now the sale is on the way through. ( they had to go through probate as well) . Apparently there are lots of houses out there that are not on the LR simply as they were bought before it started .

blessedenough Tue 14-Jul-15 09:29:34

Thanks Rosa, that's what I heard, this house has never been sold since it was built 30 odd yrs ago. It's just anther fricking delay!
I have moved loads but pre kids and this is the forever family home so the stress levels are massively increased. Also agent is rubbish at giving me updates and keeping me updated. We are half packed up as supposed to be movingvat end of this month. Sigh.

SquinkiesRule Tue 14-Jul-15 16:16:52

Ours wasn't on the land registry either, last sole in the early 80's. It just added a couple of weeks to our house buying all handled by the solicitor who had seen it lots of times. It is now registered with us as the owners.

SquinkiesRule Tue 14-Jul-15 16:17:08

sole? Sold.

Draylon Tue 14-Jul-15 19:40:50

Just stumbled across this!

I got Probate on mum's house last week. My parents bought it in 1969 so it wasn't registered with the LR. It was built in 1957-9 so won't come with shocking extras attached, like annual repair of the church roof!

I have been researching this and have received conflicting advice!

The ishoo I have is that I don't think I can register the property in the name of "Draylon's mum, deceased'", as it were! Otherwise I have to register it in the name of the beneficiaries, of which there are 4; two being minors.

I spoke to a helpful woman at the LR who said that in her experience, the easiest option for me was to make it clear the property isn't LR registered to a potential buyer. For me to register it, regardless of the complexity for me (putting the minors' 'share' in Trust etc), it'd cost £270, then it'd need to be transferred to the new owner which costs the buyer £200. The problem is that buyers' solicitors might not want the hassle of poring over Deeds so may insist on LR prior to purchase. OR they will just charge the buyer extra to do it. But I'm liking the idea of £30 insurance to cover unforeseen 'problems', which there won't be on mum's house.

You can buy an unregistered house, it's OK to do so, but getting it registered might take 'a few months' apparently. If the buyer's solicitor feels the Deeds are all in order, it isn't a problem.

However, I cannot imagine our situation is in any way unique to a conveyancing solicitor! I mean, right now, you'll be seeing the start of a lot of such property coming on the market, with the Baby Boomer thing. The eldest BBs are 70; already retired/off to Spain etc; the youngest including, allegedly me ( I never had it so good??!) -are 50 and facing working til we're 73- but with dying parents, thus all selling the family pile to distribute the inheritance or release cash for the villa down-size; so 3-5 bedroom houses coming on the market as the BB effect generation pass away or move on, most properties unregistered.

It shouldn't be a hassle, though some solicitors will make it sound like one to rake in more cash, of course.

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