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Any conveyancers about? Clear title

9 replies

boxesboxes · 07/09/2021 20:14

Sorry to post here for traffic, I'm desperate Sad

Is it serious if the conveyancer is having to ask the land registry if there's clear title to a property? Does the LR reply yes/no to these questions, and if the answer is no, what's the next step? Don't tell me that's it and you can't buy the property!

I'm stressing myself out and feeling sick over this. Thank you for any advice.

OP posts:
WhoKnewYou · 07/09/2021 20:26

Can you give a bit more information?

Are you buying a registered property? Freehold / Leasehold? Is this a question over Title Absolute or Possessary Title.

I did conveyancing a while ago whilst studying and I can't place what a clear title would be.

boxesboxes · 07/09/2021 20:29

Thanks so much for replying. It's actually my vendor's purchase, so I don't have all the details, and I'm not allowed to speak directly to the vendor to ask.

I know the vendor did their searches weeks ago, so presumably that included a title search. The vendor's vendor has just gone to the LR for clarification on restrictions on the title.

I'm worrying myself sick over whether it's a yes no answer and whether no will mean the chain collapsing. And why is further clarification needed if they did a title search?

OP posts:
boxesboxes · 07/09/2021 21:55

One more hopeful bump Sad

OP posts:
mackers1 · 07/09/2021 22:00

Clear title is a bit of a generic term.

The Land Registry are inundated at the moment so I wouldn't expect a quick response from them.

There will probably be an indemnity policy available if the Land Registry cannot satisfactorily deal with the issue.

WhoKnewYou · 07/09/2021 22:27

I wonder if it is restrictions then it could be something such as a covenant to do or not to do something, and perhaps they are seeking an answer to this. A classic one would be to maintain the fence marked x on a plan but there would be no "x" to denote which fence you are responsible for. Your best bet would be to ask your solicitor to check the title to see what the issue is. They should be able to see anything obvious.

boxesboxes · 07/09/2021 22:31

Thank you. I'm just wondering if this is something indemnity can fix or a deal breaker?

OP posts:
WhoKnewYou · 07/09/2021 22:45

It's impossible to say without knowing what the issue is. Sorry I know that isn't much help. If there is a mortgage their interest will also need to be considered and sometimes an indemnity will not be acceptable to them but as I said without knowing the issue it is impossible to say.

Do you have a copy of your title?

boxesboxes · 07/09/2021 23:02

It's not my title, it's the title of the property my vendor is buying. She's not taking out a mortgage.

OP posts:
WhoKnewYou · 07/09/2021 23:08

Sorry you did say. I think you'll just need to sit and wait then. It has been known for the solicitors to speak up the chain but I know a lot aren't keen on doing it. Perhaps you could ask if it is a deal breaker. Or speak to your agent if they're any good to see if they can find out a bit more about it.

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