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House with unregistered title

5 replies

Neron · 16/05/2019 20:40

Question please if I may as a FTB I don't really understand it.

Trying to buy a bungalow, and today received a letter from our solicitor charging us another £300 due to the extra work this will now take.

The letter states it's because they have to go back through decades of papers. This is 2 children selling their deceased parents property. Anyone ever experienced this before?

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KnitterOfSocks · 16/05/2019 20:46

Yes, we bought an unregistered property in a probate sale. Cost extra to prove the ownership. We also had to have the boundaries surveyed and agreed with the neighbour as it wasn't a straight line and their property was unregistered as well. Luckily they were perfectly happy with where the surveyor drew it! It did cost extra, and we got a massive bundle of paperwork showing the ownership, wills, deeds, transfers etc back about 80 years. It's fascinating!

Neron · 17/05/2019 08:24

Thank you for replying. We didn't really know what it meant for us but we're going to carry on with the purchase

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Spickle · 17/05/2019 08:43

When you instruct a solicitor to do the conveyancing, their quote is based on a registered title (as most are registered nowadays).

Your solicitor has now been advised that the property you are purchasing is not registered, so instead of title deeds being available for instant download from Land Registry (forming part of the draft contract pack that your solicitor receives from the vendor's solicitor), the vendor's solicitor will have to send all the very old conveyances right from the root of title to the current owners. Your solicitor will then need to peruse all these old documents to ascertain that the people selling the property have legal title and are the rightful owners with the legal right to sell. It is extra work, and their uplift in the fee reflects that.

Hopefullly, the papers will be in order and can be sent with the application to register you as the new owner on completion. If the paperwork has bits missing, then that is more problematical. It might make sense for the vendor to apply for first registration before exchange but that is something that your solicitor will be able to advise you on.

Neron · 17/05/2019 09:10

Thank you Spickle, appreciate the response.

We are hoping our solicitor is in receipt of the documents as because of these replies, when I 're read the letter it makes sense now. It's just a case of us being aware of the extra charges which we now understa d why.

The bungalow was purchase built, only 1 owner who is now deceased. It is her 2 children selling it and probate is already done. To be honest the sellers have been a PITA and are only concerned with how much cash they are getting. I can't see them willing to incur any costs for getting it registered so DH and I will just go ahead

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Neron · 17/05/2019 09:11

*purpose built

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