I don't understand

linclass

Could anyone please explain this statement: ** .. ~sellers of that property are experiencing problems with providing good title to the people that you are purchasing from ~ ** extracted from an email I recently received regarding my 'conveyance from hell' that's been ongoing since June 2014. I do not understand this *good title* statement. As far as I'm aware, the seller at the top has applied for a LPA to sell the property which belongs to his mother, who now lives in a home. Suddenly, I get this *good title* explanation..with no mention of the LPA which is what I thought was causing the hold up.

Thanks

LL

kingstreet

Missing title deeds and unregistered land?

lincroft1710

Either the son does not have the requisite powers to enable him to act on his mother's behalf, or the mother may not have the right to sell the property as it doesn't appear to belong to her.

notanewuser

Sounds like they can't prove she owns it.

linclass

Well all this sounds bad enough, I'm wondering at which stage does the Solicitor on behalf of the seller receive the title deeds? Do they apply for them? Is it at the start (or at least copies of the deeds) of proceedings, after the searches have been performed or towards the end?

Thanks

LL

kingstreet

If it's registered land, the solicitor will simply obtain "office copy entries" from the Land Registry.

If it isn't, they will need the deeds pack from the vendor and would have been asking for it from about five minutes after being instructed to act.

If the vendor's solicitor has so far been unable to provide the purchaser's solicitor with a draft contract, that's likely to be indicative of deeds issues...

xylophone

If the son now has the legal authority to deal with his mother's financial affairs, including selling her property, he will need to establish and provide proof that she owned the property.

If the property is unregistered (which is quite possible if the mother has owned it from before the time when registration became compulsory), then he will need to locate the deeds.

It may be that he is having difficulty with this.

http://www.inbrief.co.uk/property-law/lost-title-deeds.htm

linclass

xylophone wrote: »

If the son now has the legal authority to deal with his mother's financial affairs, including selling her property, he will need to establish and provide proof that she owned the property.

If the property is unregistered (which is quite possible if the mother has owned it from before the time when registration became compulsory), then he will need to locate the deeds.

It may be that he is having difficulty with this.

http://www.inbrief.co.uk/property-law/lost-title-deeds.htm

Thankyou everyone for your comments, it's clearer now - and xylophone for the link, that was very well explained. So! MORE WAITING THEN......

D'ya remember that line of The Who's record 'My Generation', * Hope I die before I get old* ... well I AM old (or getting there), and all this rubbish could WELL kill me!!

LL

xylophone

Have you had any contact with the couple whose house you are proposing to buy?

They must be very,very keen on the property the son is trying to sell or they would have lost patience long ere this?

Have you said that you will pull out if they cannot proceed to exchange within the next six to eight weeks?

linclass

xylophone wrote: »

Have you had any contact with the couple whose house you are proposing to buy?

They must be very,very keen on the property the son is trying to sell or they would have lost patience long ere this?

Have you said that you will pull out if they cannot proceed to exchange within the next six to eight weeks?

The couple we're buying from are a bit odd - after exchanging phone numbers during our 2nd viewing, we phoned them with a question, they then a few days later through their estate agent asked that we don't contact them again!! Funnily yes - last week I advised that if no movement by 3rd week Jan that I'm pulling out... but that was a bit of *frightener* tactics to be honest... I possibly won't cos I can't afford more than this property, and there aren't many of this price around. They are a bit daft because they just WILL NOT even consider moving into rented, even though it puts them into a slightly more powerful situation, as they would have sold their property. My money pot is almost empty so cannot afford to pay even more solicitor fees/survey etc etc...

xylophone

Obviously it would suit you if the couple and young child would move into rented accommodation but presumably they are not prepared to commit to a six month term or alternatively to put their furniture into storage and "camp" with relatives/in B&B/hotel etc.


On present form, they could be waiting for months for the son to sort out whatever the problem is with the sale of his mother's house - on the other hand things might reach a satisfactory conclusion within a few weeks.

If the couple end up having to pull out of the purchase, will you be prepared to wait while they find another property which might have a longer chain?