Seller only offering Limited Title guarantee

[Gilmoregirly]

Hi, we are trying to buy a house owned by trustees. We got the land registration forms and the trustees are only offering the limited title guarantee. Our conveyancing technician is saying that this is normal for a house owned by a trust but we are worried. Please would you be able help. Once we complete on the house can our conveyance solicitor register with the full title guarantee. Please help we are so stressed.

It means they don’t know as much about the property as someone who has lived there.
The registered title is different- it should be title absolute on that Land Registry records and limited title guarantee doesn’t change that.

*the

If you don't trust your solicitors then find another firm or don't buy the house.

Thank you @MinnieMountain . When the time comes for us to sell it can we sell it under full title guarantee please?

@PatsyJStone we do trust our solicitor but since this is the biggest purchase of our life we want to be absolutely sure about everything

Your solicitor at the time will advise you OP, but yes if you’ve lived there.

Don’t worry about it. There are certain circumstances where it’s standard to sell with limited title guarantee (trustees, probate sales and similar).

@MinnieMountain thank you so much for your reassurance. It means a lot and we really appreciate it

Yes that's quite normal (conveyancing solicitor here) someone who lived there would likely offer full title guarantee. They would be expected to know about disclosable interests, like someone having a right of way through the garden. A trustee couldn't possibly know those things so can't offer the full guarantee. You will still get title absolute from land registry

@tirednewmumm thank you so much, it is very kind. We have also spoken to our conveyance solicitor and he has put own minds at ease too. So we are ok now.

I’m glad This question was raised. Today I noticed that property we buying from the builder (not new, part exchange) has the same issue, limited title guarantee. I have read that one could get an indemnity insurance, have anyone here had that?

It's probably where the deeds have been lost so they can't sell it in full as they don't know whose name has been on there. I'm sure once you've lived there for 2 years you can have it changed, this is the stuff your solicitor should be telling you though op xx

Is it coming through probate? This would cause this situation to happen also op xx

Normal in this scenario, it wouldn't worry me.

Hiya,
Did you go ahead with your purchase with "Limited Title gaurantee" ?

well we decided to go ahead and then our seller pulled out on exchange day. Thank god he did this although it was heartbreaking then but now we are in a really lovely much better house because of him.

ahh what was the reason, hope not because of this clause in the document ?

No greediness as he wanted more money

Rubbish. That’s not correct. You are mixing up “Limited/Full title guarantee” which a seller provides as a warranty in the conveyancing documents with “Title Absolute” which is the quality of title registered at the Land Registry. Two entirely different concepts at law and what the OP is asking is nothing to do with lost title deeds.

The conveyancer is giving the correct advice - it’s entirely normal for trustees only to give limited title guarantee, because they hold the property on trust for beneficial owners. They are not resident in the property and cannot know about over-riding interests that a resident owner in order to give full title guarantee. It’s not a big deal.