Unregistered, no title deeds.

goodwithsaving

I am sorry to put up another post.

If a property is unregistered at the LR, and deeds cannot be located - what are the options? Ownership can be determined, it is simply a case of misplaced deeds and an old house.
If a possessory title was applied for prior to completion and an indemnity policy taken out, could the transaction proceed? There is no way a 3-6 month delay would be reasonable to any other member in the chain.

It will be a mortgaged property.

Thank you

Davesnave

I think you may be looking at 3-6 months minimum.

I say this because I was recently involved in a matter where title docs had been lost or destroyed following a death, and it took much longer than that for those involved to prove good title.

I expect every case is more or less unique though.

Sorry, I don't know if possessory title + indemnity would satisfy lenders. Hopefully, the Land Registry Rep & mortgage advisors will see this.

G_M

The Land Registry will need to see sufficient evidence of the current occupants' "ownership" before they will register it, even as possessory Title.

Otherwise anyone could come along and claim it! This may take time, deending what evidence is available.

davilown

G_M wrote: »

The Land Registry will need to see sufficient evidence of the current occupants' "ownership" before they will register it, even as possessory Title.

Otherwise anyone could come along and claim it! This may take time, deending what evidence is available.

G_M does that me it has to bedore registered before it can be purchased or can that occur after the purchase with an indemnity?

If current owners have the deeds does this change the situation?

Thanks in advance

goodwithsaving

Davilown, thank you. You preempted my question to G_M.

At the moment we're trying to establish if they do have the deeds. If they do; what can be done for an unregistered property? If they don't, can the sale proceed with indemnity?

(Thank you G_M)

G_M

You can, of course, purchase (provided you have the cash and don't need a mortgage).

It will, of course, be at your own risk. If it later transpires that the seller did not own, and the 'true' owner pops up waving Deeds going back 53 years, you will lose the house and have to sue the 'seller' to get yor money back. (he won't have it).

If you need a mortage, I doubt the lender will release the money till this is resolved.

Indemnity insurance might cover you for the cost of the above eventuality, but will not protect you from losing the property to the 'true' owner.

davilown

G_M wrote: »

You can, of course, purchase (provided you have the cash and don't need a mortgage).

It will, of course, be at your own risk. If it later transpires that the seller did not own, and the 'true' owner pops up waving Deeds going back 53 years, you will lose the house and have to sue the 'seller' to get yor money back. (he won't have it).

If you need a mortage, I doubt the lender will release the money till this is resolved.

Indemnity insurance might cover you for the cost of the above eventuality, but will not protect you from losing the property to the 'true' owner.

Thanks G_M I've seen a copy of the deeds so will this therefore be a straight forward registration?

G_M

davilown wrote: »

Thanks G_M I've seen a copy of the deeds so will this therefore be a straight forward registration?

I thought you said

Unregistered, no title deeds.

:doh:

goodwithsaving

I did. Davilown hijacked my thread! Mine is unregistered, no title deeds.....

(I've heard rumblings that they *may* have been located but the property remains unregistered, and I won't believe the deeds have been found until I receive proper confirmation)

davilown

goodwithsaving wrote: »

I did. Davilown hijacked my thread! Mine is unregistered, no title deeds.....

(I've heard rumblings that they *may* have been located but the property remains unregistered, and I won't believe the deeds have been found until I receive proper confirmation)

Sorry didn't mean to hijack

G_M

davilown wrote: »

Sorry didn't mean to hijack

Most confusing! Start your owwn thread!