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Mum not on house Deeds!

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  • SevenOfNine
    SevenOfNine Posts: 2,388 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    Whilst form-filling can be quite simple understanding the legal implications is also important. Considering what might happen in the future is also often helpful as there may be alternatives to transferring the property into your Mother's sole name now.
    A solicitor should also be aware of what 'options' are available re the property and it's ownership as well as of course the writing of wills for the new owner and how best to protect any future beneficiary's interest.

    Once probate is achieved thinking about what then happens re the property; what may happen in the future; and how best to protect your Mother's ownership (and even your own further down the line if that is what is intended) is recommended.

    I think a fair bit more was said than just "proper legal advice should be sought", given that neither OP's appear to be asking for the best way to register a property to protect it for future beneficiaries!
    Seen it all, done it all, can't remember most of it.
  • g6jns_2
    g6jns_2 Posts: 1,214 Forumite
    I think a fair bit more was said than just "proper legal advice should be sought", given that neither OP's appear to be asking for the best way to register a property to protect it for future beneficiaries!
    There was certainly nothing improper in what was said which was what you implied. It was simply sensible and objective advice just as any professional should give.
  • LCK73
    LCK73 Posts: 244 Forumite
    I'm back, Halifax took forever to send the deeds but we now have them, dusty old things. I'm going to attempt first registration - it's never been registered as they purchased early 1970s. I need to do a land search with Land Registry first. Is the LRegistry rep still on here As I'm a bit unsure about how to complete this form and can't find any guidance notes....��
  • Land_Registry
    Land_Registry Posts: 6,143 Organisation Representative
    Part of the Furniture 1,000 Posts Name Dropper
    Hi, LCK73. Not sure from what you've said what kind of search you're referring to, but as the land is unregistered I think it might be what is known as a 'land charges' search. This link might help (step 2 refers to the searches that you need to do):


    https://www.gov.uk/registering-land-or-property-with-land-registry


    I think I should repeat that there's a lot more to all of this than just filling in a few forms, and you should think about taking some legal advice. This link just gives procedural advice only.
    Official Company Representative
    I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
  • LCK73 wrote: »
    I'm back, Halifax took forever to send the deeds but we now have them, dusty old things. I'm going to attempt first registration - it's never been registered as they purchased early 1970s. I need to do a land search with Land Registry first. Is the LRegistry rep still on here As I'm a bit unsure about how to complete this form and can't find any guidance notes....��
    You really do need to get professional, paid for , advice since first registration is not for the novice. It may cost a few hundred pounds but you will then know you have guaranteed title.
  • LCK73
    LCK73 Posts: 244 Forumite
    edited 26 October 2015 at 8:59PM
    Thanks. I wanted to take a real close look at what's required before I decide which route to go i.e. Diy or professional.

    It was the land charges form I was looking for guidance notes. Have found the form and looked at the notes on the back but was hoping for more details about which names need to be listed.

    I've sorted probate and POA for my mother recently so I've got the bit between my teeth and want to understand more and not just hand over to a professional. The £ we could have paid for probate etc was stupid compared to me putting in some time, effort and understanding.

    I'm happy to hand over to the pro's if needs be, but I want to do that knowing I'm out of my depth first...I may well reach that conclusion but first I am seeking to understand what's involved.
  • LCK73 wrote: »
    Thanks. I wanted to take a real close look at what's required before I decide which route to go i.e. Diy or professional.

    It was the land charges form I was looking for guidance notes. Have found the form and looked at the notes on the back but was hoping for more details about which names need to be listed.

    I've sorted probate and POA for my mother recently so I've got the bit between my teeth and want to understand more and not just hand over to a professional. The £ we could have paid for probate etc was stupid compared to me putting in some time, effort and understanding.

    I'm happy to hand over to the pro's if needs be, but I want to do that knowing I'm out of my depth first...I may well reach that conclusion but first I am seeking to understand what's involved.
    Whilst your wish to understand the process is to be applauded it really is not an easy task without experience of doing it in the past. The crucial thing is to make sure you get a good title with no nasties that may cause you, or your heirs, problems years down the line. You should look on the fees as an insurance that the job will get done properly. If it is not you have the solicitor's professional indemnity insurance to fallback on.
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