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Strange one?

6 replies

MissOrganisedMe · 04/06/2021 18:01

When a property is sold, where does the responsibility lie in ensuring that the land registry/deeds are updated to the new owners?

My mum has been contacted by an empty property officer for a property that was sold around 20 years ago. She's contacted the original solicitor who has advised it's not his issue as should have been done by the other solicitor.

He's unsure whether he will still have the relevant paperwork from the sale. My mum doesn't.

Urgh.

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HoobleDooble · 04/06/2021 18:18

It's usually the Purchaser's solicitors who register the property in the name of the new owners.

HoobleDooble · 04/06/2021 18:34

Sorry, hit post too soon. Unfortunately sales files only need to be retained for 6 years. If you're lucky they might still be using the same case management system or have imported all the old files onto any new software they have had in the meantime and can still access the archived file that way, the financial ledger may have the name of the Solicitors which the monies were sent from posted to it.

Also a long shot but maybe the Estate Agents will have an old dusty record somewhere?

MissOrganisedMe · 04/06/2021 19:11

I think it was sold through the solicitors rather than an estate agent - their property arm.

I'm worried that she won't be able to prove anything and be hit with costs and a property that she has had nothing to do with for the last 20 off years.

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MissOrganisedMe · 04/06/2021 19:11

*odd

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NanaNorasNaughtyKnickers · 04/06/2021 19:27

I'm worried that she won't be able to prove anything and be hit with costs and a property that she has had nothing to do with for the last 20 off years.

But presumably the value of the property is greater than any costs that she might be liable for?

If her name is still on the register as the legal owner she holds it on trust for whoever she sold it to. If they've buggered off (which seems odd) and can't be found she should be able to sell it to pay any liabilities and hold the proceeds on trust, until at some point the trust can be wound up and she gets a windfall.

She needs a lawyer (paid for from the value in the trust).

And something tells me you're not quite giving us the whole story!

MissOrganisedMe · 04/06/2021 20:28

That's the full story?

She's been contacted by an empty homes officer, contacted the solicitors and been told this.

Perhaps I'm getting ahead of myself. My mind immediately went to the potential condition of the property and council tax responsibility. Having had a second home until it was sold I know that you're still liable for this.

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