Solicitor failed to register my house purchase with Land Registry

MMGG

I have just found out (almost 3 months after completing) that my solicitor failed to register me as the new owner of my current property with the Land Registry. How do I now double-check that this has been properly done, what documentation should I ask to see? How serious a failing is it on their part?
Thanks

Doozergirl

Once it's been done, the Land Registry write to you directly with the documentation. It does take a while for it to come through.

Honestly? It's not a massive deal. It doesn't mean you don't own it, it would all get straightened out in the wash.

G_M

You can ask the solicitor for confirmamtion and copy of the Title.

You can pay £4 to the Land Registry here and instantly download your Title to check it's in your name.

You can phone the Land Registry and ask.

pete1968_2

As I see it, this is quite serious!

Your solicitor should have ordered official copies of the property from land registry in the first instance, then as you exchange contract he should have then made a search with priority to protect your purchase with a 30 day protection period. If he hasn't or he hasn't lodged another protecting search your purchase is not protected.

I.e. If the owner has a charging order registered against the property and your purchase is not protected it (the charging order) will have the priorty (worst case senario).

I would want to know the exact position ASAP. You are not the legal owner until registered so.

pete1968_2

Doozergirl- Land registry will not provide confirmation to the owner, they write to the solicitor. If the solicitor has done the job correctly then the application is usually comPleted on the same day by the land registry. Its that quick now a days

MegS

Trouble is (as in my clients' case) if you're waiting on discharge from the seller's lender then it can't be finalised. Although it is unusual to take this long. For one lot of my clients its been 2 months so far (waiting on NatWest), all we can do is take out new priority searches and send snotty letters to the seller's solicitors. Lenders are quick enough to moan but not quick enough to do what they're supposed to do (Santander hope you're listening).

pete1968_2

Megs- i believe though that banks /building societies provide an undertaking to discharge a mortgage on receipt of outstanding debt.

If there is no charge restriction on the register then the land registry now apply early completion so at least the owner may be registered. If there is a charge restriction then the land registry will write a letter asking for the discharge of mortgage giving a month to comply.

The 30 day afforded by the search plus the month the land registry give to get the discharge gives 2 months approx. I believe the land registry will extend the time to reply by a further month on discharges.(if requested).

There should therefore be no reason why a buyer is not protected. The OP appears to indicate that he/she is not protected.

I would be on the phone to the land registry tomorrow and ask them if they have received anything. If the OP has a mortgage I would be contacting them as well as their interest is also unprotected and they will kick off big time

Jeffrey_Shaw

The main delaying factors are:
a. discharge of mortgage by V [vendor] and the requisite forms;
b. payment of SDLT by P [purchaser] and the requisite SDLT5 Certificate; and
c. [sometimes] the fact that the purchase triggers first registration of title to land not previously registered.