Previous owner bought additional land (garden) but didn't register it?

Jasperella

Hiya,

In need of a little help if anyone knows much about this!
So I'm buying a house (not the same one as before if anyone remembers my damp thread) and it's a probate house.

All good so far, mortgage agreed, but today I received the sellers info and it states that the owner purchased additional land as part of the garden back in the 1970s.
Having spoke to the neighbours I know that they all did too.
But apparently this lady didn't register it.
So I have an extra £75+vat to pay my solicitor to sort it out.
My question is though, before I call my solicitor tomorrow, any estimations on how long this sort of thing will take? And does it have to be sorted before completion?
Thanks

*Having looked at the plan, I can see the purchased garden land is in a red box. But the house and land it originally was built with is not! So is it actually the house that's not registered?

marksoton

Jasperella wrote: »

My question is though, before I call my solicitor tomorrow, any estimations on how long this sort of thing will take? And does it have to be sorted before completion?

No idea on the former but absolutely on the latter.

If you don't know what you're buying how can you put a value on it!?

Jasperella

I suppose I was optimistically hoping its only a matter of paperwork and the correct forms needing to be filed and that we are still buying everything as we've seen it, the additional land forms part of the garden as it is now so it can't be taken away, as it were. It doesn't belong to anyone else on the street or neighbouring property.
Maybe I'm too naive?

eddddy

Jasperella wrote: »

And does it have to be sorted before completion?

If you're not bothered and you're mortgage lender isn't bothered - then 'no' it doesn't have to be sorted before completion.

But...
...once you've completed and the seller has your money, they may not be very motivated to help you get it sorted.

And depending on what's actually happened it may be very difficult to sort - it might even be impossible.

So you might never get the land.

(e.g. if the seller bought the land from an ex-neighbour on the basis of a handshake and handing over a cheque - tracing the ex-neighbour and persuading them to sign some documents may be difficult, or even impossible.)

You could get special clauses added to the contract about compensation if you don't eventually get the land - but it's probably easier to just wait.

SmlSave

So I have an extra £75+vat to pay my solicitor to sort it out.

I feel that the sellers should be paying to get it registered before you exchange, your solicitor should then check the deeds but not actually "sort" anything out. I'm assuming that the extra charge is for checking everything over and not getting the land registered?

Better to get it registered before exchange even if your lender may not mind

The Land Registry has a long backlog on any registrations that aren't bog standard, think 4-6 months as a worse case scenario. BUT if your solicitor has seen the deeds to the bit of land they will be able to better advise and standard registrations take a week or two at the most

Jasperella

Thank you for the help.
So I'm sat here looking at the plan included in our pack, and actually the red box outlines the additional part of the garden...but the house and surrounding land on the front and sides isn't boxed?! So now I'm confused!
The solicitor wrote on the covering letter
"The title to the property is part unregistered" and with the purchase of the additional land I presumed they meant the garden was unregistered, but actually looking at the plan is it the house that's not registered?!?!

It will become clearer when I can speak to the solicitor tomorrow I'm sure but right now I'm quite concerned!

SmlSave

It could totally be that the house itself is unregistered, actually makes sense if the additional land was bought in 1970, have you been provided with an Epitome of Title?

No need to get the Title registered before exchange then, unless your solicitor advises you to, you're buying an unregistered house. There are a lot of them about.

davidmcn

Jasperella wrote: »

"The title to the property is part unregistered" and with the purchase of the additional land I presumed they meant the garden was unregistered, but actually looking at the plan is it the house that's not registered?!?!

It will become clearer when I can speak to the solicitor tomorrow I'm sure but right now I'm quite concerned!

That makes more sense - the house last changed hands before registration of title came into force, so it's still unregistered, but the additional piece of land was bought more recently so is registered. It doesn't mean the owner didn't have a legal title to the house, just that was a title depending on a pile of deeds rather than a computerised record at the Land Registry. Not a problem, just some added bureaucracy for your solicitor, hence the £75.

G_M

option 1
Pay £75 and sort it properly, knowing that in return for your £X00,000 you will get a house, a garden, and an extra bit of garden

option 2
Pay £75, reduce your offer by £75, and sort it properly knowing that in return for your £X00,000 - £75 you will get a house, a garden, and an extra bit of garden

option 3
buy the house and garden for £X00,000, and hope that afterwards (probobly at a cost of more than £75!) you might or might not be able to 'sort' the extra garden.

option 4
Tell the seller to sort it (ie register the estra garden themselves).Then you wait. And wait a bit more..... and then.... wait. Hopefully the purchase will still go through after all the waiting.....

SmlSave

Sorry G_M, we've now found out that the property itself is unregistered and the extra land is registered.

Jasperella

Thank you davidmcn, G_M and Smlsave! Always good to have more rational and logical people around for advice :-)
The house was built in 1950s. It's only had the original owners. Then the extr garden was purchased in the 1970s so hopefully it's a case of what you've said, I'll pay my solicitor a bit extra and we'll get this sorted out fairly easily.
My solicitor didn't ring me so I'd like to think it can't be that serious or she would have called!
Really appreciate the help everyone thank you :-)