Unregistered freehold land

Scp

Thank you.
I have read your Practice Guide.
There is another point.
Is a map required?
The notes state clearly that if it fenced, then the postal address will suffice.
The house with a fence and postal address was purchased in 1966, and the deceased lived there till his death this year.
His title is absolutely clear.
He never had a mortgage, hence the problem now for his widow.
I just want to get it right the first time.

BobQ

EasySolution wrote: »

I thought that Section 4 of the Land Registration Act 2002 lists the triggers for a First Registration. One of those triggers is an assent.

Could the Land registry representative just clarify?

Hopefully the LRR will respond.

My understanding is that if the transfer takes place without any financial consideration (eg a transfer from a sole owner to his spouse) it is not essential to register. But it makes it a lot easier if the house is sold in the future.

Land_Registry

To clarify if you assent or transfer the property then that makes first registration compulsory. But if you don't do either then the trigger is not activated.

This may appear odd but you could in theory simply leave it as it is. Probate/letters of administration have been obtained so you are able to deal with the property as and when you wish to - in the vast majority of cases of course the executor/administrator will deal with the estate and put the property into the beneficiaries name, by way of an assent. In some cases though this does not happen but there is no legal comeback. The trigger starts with the assent/transfer and not on the death or issue of probate.

Section 4 of the LRA2002 explains the 'events' which trigger first registration. The death and obtaining of probate/letters of administration are not listed. However if you go the next step and complete a transfer/assent then the trigger is activated.

Scp asked in the OP whether the widow has to assent to herself - the answer to that is a No but as others have mentioned doing so now and registering the title should make things 'easier' in the future should she wish to say sell, mortgage or lease the property. It would also make things easier for any of her beneficiaries as they would tread the same path when dealing with the ownership on death but without the need to register for the first time and deal with the more complicated probate issue that then results.

In answer to Scp's further questions
Yes, you can assent to yourself as you are acting as executor/administrator on the one hand and as beneficiary on the other

Is a map required? - not always and panel 3 of the form FR1 asks you to define the extent to be registered. If that extent is as shown on the current OS detail then a plan should not be needed but check the old deeds as to how the extent is defined and decide whether there are likely to be any issues - for example the Conveyance to the deceased may define the extent so compare the two and go from there.

EasySolution

Thanks for the input Land Registry Representative.

Scp

Many thanks for clarifying.
Much appreciated.