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Solicitor Failed to Register All Titles Properly!

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  • cloo
    cloo Posts: 1,291 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper Photogenic
    We had an issue in our last place with the previous lease extension not having been registered, but it was quickly sorted, I don't think updating registration will be difficult.
  • Coeus
    Coeus Posts: 292 Forumite
    Hi Richard Webster


    Many thanks for your detailed response.


    To answer in brief I did get the plans which showed two titles to be purchased and agreed this with the solicitor - one for the main building and one for the offsite garage.


    I have a 'Final Report' from the solicitor confirming that two titles are to be bought. This may be a key document if I have to pursue them for losses (I really really don't want to have to go down this path - hopefully they can send off the documentation and get the title transferred).


    After this point when the solicitor completed they seem to have not correctly registered both titles to myself - only registering the first title of the main building.




    It is only on searching the land registry myself three years later that I realise that one title transfer was missing.


    Hope this clarifies!




    Thanks again,




    Ben.
    Hope For The Best, Plan For The Worst
  • Land_Registry
    Land_Registry Posts: 6,150 Organisation Representative
    Part of the Furniture 1,000 Posts Name Dropper
    edited 22 December 2016 at 9:43AM
    Coeus - the title has to be transferred by way of a legal deed so if there is simply a final report, a contract or similar that will not be sufficient to now transfer the title. All helpful when trying to apportion responsibility for the failure but not enough to transfer title.

    Richard refers to adv possession which is effectively doing away with the transfer and laying claim to the land/garage through continuous occupation/use for example. That has to be for far more than 3 years

    Discovering a lease extension has not been registered can be remedied as there is a legal deed which can then be registered - see cloo's post

    Ultimately if the application submitted at the time did not include a legal deed which transferred the title then I very much doubt anything can be remedied without either the sellers' completing the legal deed or you waiting until you can claim it.

    If your solicitor has checked and is enquiring of us I imagine they are simply confirming that before looking at the other two options as mentioned.

    Hope I'm wrong and there is some detail that you have not been made aware of as yet but it may be worth thinking about what details you have for tracing the still registered owners just in case that is the next step?
    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"
  • OK so Op's solicitor knew about both titles but forgot to put them both int he transfer (TR1). His fault.
    RICHARD WEBSTER

    As a retired conveyancing solicitor I believe the information given in the post to be useful assuming any properties concerned are in England/Wales but I accept no liability for it.
  • Coeus
    Coeus Posts: 292 Forumite
    Hi all.

    Finally got this all sorted.

    Longest conveyancing ever!

    Many thanks for your help all very useful :-)
    Hope For The Best, Plan For The Worst
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