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Land registry help!

6 replies

Nonky · 18/05/2018 08:50

Hello! Our house is in a chain of 5. We were all ready to exchange a few weeks ago when our buyers announced that their buyers had declined an indemnity policy on their land registry issue and are now wanting to make sure the land has title absolute before exchanging. Our buyers have owned their house for over 20 years. The land was Un registered so they took out an indemnity policy. 4 years ago the applied for and received title possesory with no challenge. They applied for title absolute last week.

House moving is stressful for anyone! But our eldest daughter has asd and we are doing everything we
Can to help her with understanding all the upheaval.

Does anyone at all have any idea whether a) our buyers are likely to be granted title absolute by the land registry with no problems and b) how long this could take? And c) if you were in our shoes would you remarket our house now to save all the stress?!!

Thanks for reading this!
Smile

OP posts:
Bjhsum · 18/05/2018 10:05

B) The land registry will only give absolute once they have completed all checks that no other proprietor has a lawful claim on the land. That being said in realistic terms will take as long as necessary to be sufficiently sure that no one can come along and categorically prove the land was in fact in proprietary. They will need to make sure of a number of things such as the land not being held on trust for some distant beneficiary etc which if it is or was will need a lengthy search both legally and factually because it's one thing to be in possession but quite another to be the legal title holder.

A) This will only be given once b) has been satisfied.
c) In my opinion, I would go speak to your solicitor and gain his expert opinion and run Q's 1 & 2 past him whilst you're speaking to him about C).
Equity, Trusts and Land law seem pretty straightforward but trust me, they're far from it.

Murane · 18/05/2018 10:42

I would remarket the house on the understanding that your buyers will have first refusal if and when they are in a position to proceed. Otherwise you could end up waiting forever.

PalePinkSwan · 18/05/2018 10:51

Its difficult to say how long it will take, as it varies depending on how busy a particular registry office is, how much evidence they can access, and what they find out.

Realistically it will take at least 4 weeks and could take months. They also could be refused.

I would re-market, and inform your buyers that you are happy to go with them if the chain moves quickly but that you need to consider your options.

Bjhsum · 18/05/2018 11:06

And also make sure you are not in contrast within the chain.

Nonky · 23/05/2018 20:42

Sorry!!!! I meant to reply and then Things got complicated. Basically land registry have refused and we are now waiting to see whether the buyers further down will take an indemnity or whether we have to put house back on the market after 16 weeks of it being sold stc. Arghhh
Thank you all for your replies though x

OP posts:
GU24Mum · 23/05/2018 21:52

Sorry to be a party pooper but I suspect whoever is buying that house won't go ahead if the Land Registry has refused to upgrade the title - especially not if they are getting a mortgage. It's a real pain for you and the rest of the chain but whoever is selling that house should have sorted it out. I'd look to sell your house to someone who will be able to sell theirs.

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