House title plan includes next door!

DrGronod

Land_Registry_representative wrote: »

DrGronod - G_M and Richard webster have already covered the most likely possibilities here so there might not be too much I can advis eon without knowing the specific details.

If you prefer you can drop us a line.

OK thanks - will email. I can't see either of the above possibilities seeming to apply at the moment though!

Land_Registry

DrGronod - I have had a look at the two properties and both are registered under the one title. Whilst unusual this should not pose a problem provided the registered owners are the ones selling. It effectively becomes a Transfer of part rather than a Transfer of whole.

The unregistered lease is dated 1967 and is simply noted on the title but appears to affect the whole title. The fact it is not registered in it's own right is again not unusual but if it has been sold a couple of times since I would expect to have seen it now registered.

If the lease has simply remained 'in the family' then this may explain things but it would still need to be resolved otherwise you are buying part of a title subject to that lease.

As you and others appreciate these are the enquiries your own solicitor should be making so hopefully everything will become clearer once those enquiries have been answered - if the seller's have appointed a solicitor then I would expect them to have already been asking the same questions you are and hopefully everything will be explained.

Let us know how it plays out though.

DrGronod

Land_Registry_representative wrote: »

DrGronod - I have had a look at the two properties and both are registered under the one title. Whilst unusual this should not pose a problem provided the registered owners are the ones selling. It effectively becomes a Transfer of part rather than a Transfer of whole.

The unregistered lease is dated 1967 and is simply noted on the title but appears to affect the whole title. The fact it is not registered in it's own right is again not unusual but if it has been sold a couple of times since I would expect to have seen it now registered.

If the lease has simply remained 'in the family' then this may explain things but it would still need to be resolved otherwise you are buying part of a title subject to that lease.

As you and others appreciate these are the enquiries your own solicitor should be making so hopefully everything will become clearer once those enquiries have been answered - if the seller's have appointed a solicitor then I would expect them to have already been asking the same questions you are and hopefully everything will be explained.

Let us know how it plays out though.

Thanks very much for having a detailed look at this - the answer does seem to be then to get a "transfer in part" of the title which I've never heard of before, rather than the whole which had raised a whole bunch of questions as to what implications there were for House A. (And to add to this the council won't recognise a part title and require searches for all properties on the title!). The LR Rep has certainly been an extremely useful contact for clarifying all this, and gives us a certain piece of mind that this should be resolved one way or another soon hopefully.

So we just need to hope are vendor's solicitors are up to the job of doing what they need to do (and also hope there isn't a problem with them being the registered owners) - fingers crossed!

Will up-date when nearer a resolution.

DrGronod

An interesting update for those following this........

Our solictor has now confirmed we will be buying the land of the adjoining house (House A) - so no part transfer after all! And that the owners of House A should have been paying ground rent to House B as their landlords (but apparently never did), and will have to pay a (small) lease transference fee, as they did have this unregistered lease. I guess sometime in the future we will try and sort this out to simplify things.

So - hopefully light at the end of this tunnel - although there are a couple of further minor complications to sort out still....

Thanks.

Land_Registry

Thanks for the update DrGronod - sounds like you and your solicitor are on the right track now and all part of the normal checks to be made when buying

The 'family involvement' and the lease issues can often obscure some of the details, especially if not all registered. Hopefully everything will fit into place although it may take a little longer than a normal sale. Good Luck.