No Land Registry details

leftatthelights

noxon: Can you tell me what "probate" is?

I'm going to assume that probate means that the seller (the daughter) has the actual right to sell the property in the first place??

Im away for the weekend at the moment so cannot further check the HIPS for any info on "probate".

neverdespairgirl: Is your question a shortened version of what noxon said??

(im a tradesman so forgive my lack of knowledge):D

leftatthelights

terryw wrote: »

Assuming that all of our assumptions are on the right track, I would guess that dealing with unregistered land is relatively rare these days. Cases of an unregistered property from the 60s being sold nowadays will be unusual, and the majority of the rest of unregistered land probably belongs to the crown or limited companies etc.

A possible answer to the OP's problem, and I say this half in jest, is that solicitor has not come across this before and is mugging up on the subject!

He better not be "mugging up"!!:D;)

terryw

leftatthelights wrote: »

noxon: Can you tell me what "probate" is?

I'm going to assume that probate means that the seller (the daughter) has the actual right to sell the property in the first place??

Im away for the weekend at the moment so cannot further check the HIPS for any info on "probate".

neverdespairgirl: Is your question a shortened version of what noxon said??

(im a tradesman so forgive my lack of knowledge):D

The short answer to both questions is "yes".

The reason that I gave the link to the LR was merely so that you could find out the LR fee - this will not be the reason for the delay.

Don't worry about the jargon. It is a prime aim of all trades and professions to use it merely to baffle the non-initiated and hence charge more.:D I am being a little flippant here.

The LR forms sometimes ask the question -"Description of instrument". I always have to resist the temptation to answer "trombone".:D

Bananamana

neverdespairgirl hit the nail on the head.

Is a said above the first registration fee does not apply - its the usual fee here.

The LR need a good "root" of title. Generally the 1960 conveyance will be fine. It will be showing the link to the current owner which is most likely causing delay. Typically probate applications take 2-4 weeks to process- but it's current holiday period for a lot of judges.

Speak to your solicitor on Monday who should be able to clarify.

If he is indeed trying to track down the registered details, then as TerryW says he may have indeed made a mistake.

leftatthelights

Ok guys,

You have all been extremely helpful:T

Im glad my situation is not one to worry about and is quite common as you all suggest.

"The LR forms sometimes ask the question -"Description of instrument". I always have to resist the temptation to answer "trombone". " :rotfl::)

I will post again soon once I have more information.

Enjoy your sunday.:D

terryw

Bananamana wrote: »

Is a said above the first registration fee does not apply - its the usual fee here.

.

Should this not read

The voluntary registration fee does not apply - it's the first registration fee here.

Bananamana

terryw wrote: »

Should this not read

The voluntary registration fee does not apply - it's the first registration fee here.

Well yes but the "first registration" fee is exactly the same as the normal "registration fee".

Only "voluntary first registration" is actually cheaper - which is not what would apply here.

Richard_Webster

Has OP spoken to his solicitor about this? Really this thread is a non-issue.

If the property hasn't been sold since 1962 then unless it is in one of the few areas where registration was then compulsory - mainly London and some Home Counties it won't be registered.

A two minute telephone conversation with the solicitor would have resulted in the explanation that this was entirely possible and something that solicitors were dealing with all the time and was not a source of worry.

The moral here is to talk to your solicitor and make sure you understand what he says and if you don't then ask more questions until you do.

terryw

RW,

Thanks very much for this post. You really are a treasure to MSE.

I can't help but feel that the OP's solicitors are remiss here. The Op has received a great wadge of stuff from his solicitors but obviously they have not informed him that the property is unregistered and that things might take a little longer to sort out. Personally, I think the obligation is on the solicitors to keep the client up to date not for the client to have to contact the solicitor with the reasons for the delay.

But that's just me.

bw

leftatthelights

Hi guys,

Just a bit more info for you.

Have spoken to my solicitor today and have been told that they are waiting for "general information" and also the acceptance of our offer in writing from their solicitor.

Now the first fax was sent on 8th July then again on the 23rd July and again on friday.

I dont understand why, if my solicitor is having no joy via fax, that they havent thought of picking up the phone and speaking direct?

I didnt say this whilst speaking to my solicitor because I didnt want to come across the wrong way but only the fax method was mentioned.

The house is sold subject to contract on the rightmove website and there is also a sold board physically on the house.

Any comments anybody??

I personally cant get my head around why it would take almost a month for such simple information (there was no mention of probate or land registry issues either).

Edit: I have been through the HIPS pack and everything seems to be in order as far as the probate etc is concerned.