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Deceased Owner - Lost Title Deeds - No living family

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Comments

  • lisyloo wrote: »
    seems negligent to me to on behalf of the estate agents
    Have you spent much money?
    If I had I'd be investigating getting it back from people trying to sell something they can't legitimately prove ownership of.

    No money as of yet. It is just a waste of 8 weeks of my time and others. I emphasised at the beginning that it would be a cash buy and as there was no chain I wanted a very quick completion. I've had contractors work on various quotations for the project. I feel bad that their time has been wasted too.

    Email now sent pulling out and venting (in a construction manner) my feelings on the whole matter.

    Thanks again everyone.
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    lisyloo wrote: »
    seems negligent to me to on behalf of the estate agents
    Have you spent much money?
    If I had I'd be investigating getting it back from people trying to sell something they can't legitimately prove ownership of.
    Nobody has done anything wrong. The EA haven't. The charity haven't.
  • Davesnave
    Davesnave Posts: 34,741 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    lisyloo wrote: »
    seems negligent to me to on behalf of the estate agents
    Have you spent much money?
    If I had I'd be investigating getting it back from people trying to sell something they can't legitimately prove ownership of.
    Estate agents are often serially negligent about all kinds of things, and if you read their paperwork, you'll see it is always full of disclaimers.

    Just as the local authority don't need to check if the applicant owns a property before granting planning permission on it, so agents don't need to check a property's title. That's the job for solicitors.
  • lincroft1710
    lincroft1710 Posts: 19,502 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Davesnave wrote: »
    I'm party to a similar sort of scenario which is happening around sporting rights on a property owned by a friend.

    That brings back memories. In my early days at the VOA at the very end of that big book known as the Valuation List were Sporting Rights, which of course you cannot see, hear, feel, touch or taste!
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    lisyloo wrote: »
    seems negligent to me to on behalf of the estate agents
    Have you spent much money?
    If I had I'd be investigating getting it back from people trying to sell something they can't legitimately prove ownership of.

    Do EA ever check the people putting a house on the market are the legal owners?
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    Do EA ever check the people putting a house on the market are the legal owners?
    Is anybody suggesting that the vendors AREN'T the legal owners? I don't think so.

    It's merely a question of the paperwork to prove it.
  • AdrianC wrote: »
    Is anybody suggesting that the vendors AREN'T the legal owners? I don't think so.

    It's merely a question of the paperwork to prove it.

    In this case the deceased owner left it to a charity and the local solicitor firm are acting as the executor. The EA perhaps should have asked the question of what paperwork was in order. However the responsibility is firmly on the executor at this point. This sort of situation does not arise regularly and so I would not expect an EA to normally check prove of ownership.
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    Tyler119 wrote: »
    The EA perhaps should have asked the question of what paperwork was in order.

    That's your solicitor's job...
    However the responsibility is firmly on the executor at this point.

    ...and that's a matter for negotiation between the vendor and the buyer. The vendor is obviously not in a rush to do the legal work, so it looks like they're expecting it to be the buyer's responsibility. It makes no real difference as to either the duration of the legal work or the end result as to who does it. It's purely a matter of who pays the bill, and when the purchase actually completes. Or, rather, if.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    AdrianC wrote: »
    Is anybody suggesting that the vendors AREN'T the legal owners? I don't think so.

    It's merely a question of the paperwork to prove it.

    Not relevant to an EA putting any property on the market.

    Show them round have them take photo and they will stick it on right move.


    Taking on a property with lack of clear title as a development to sell on, will that be an easy sell to the next buyers?

    To live in or rental you might take the risks as you can sit on it till you get clear title.
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