Land registry

floridajen

Hi thanks for any advice. My mother's property is not on the land registry so we need to register this. Does this have to be done via a solicitor or can we do this online?

00ec25

have you read the guides?
https://www.gov.uk/topic/land-registration/practice-guides

start at number 1 ... first registrations

Land_Registry

You don't have to use a solicitor and PG1 takes you through the registration process whilst also linking you to the firm's FR1 and DL you will need.

It's a postal service only as we need the original deeds as explained in the guide

Margot123

I'm in the process of buying an unregistered property.

It is being sold by an executor for her Dad's estate, however her Mum's name is still on the deeds even though she predeceased the Dad by 12 years.

The problem is that the name is spelled slightly wrong on her death certificate, so how do I go about registering it if I can't prove the Mum has died (solicitor says LR won't accept current death cert.)?

BTW Seller is refusing to help in any way. I imagine they would have the same issue again if I pulled out of the transaction.

Tiglet2

Margot123 Your solicitor says LR won't accept current death certificate, therefore your solicitor will not exchange and complete on this transaction until the seller's solicitor gets it sorted or provides an undertaking to deal with any requisitions the LR may raise due to this.

Not a lot you or your solicitor can do. Regardless of whether the seller wishes to help or not, it will prove difficult to sell this property without a solution being reached.

Margot123

Tiglet2 wrote: »

Margot123 Your solicitor says LR won't accept current death certificate, therefore your solicitor will not exchange and complete on this transaction until the seller's solicitor gets it sorted or provides an undertaking to deal with any requisitions the LR may raise due to this.

Not a lot you or your solicitor can do. Regardless of whether the seller wishes to help or not, it will prove difficult to sell this property without a solution being reached.

Tiglet2, Thank you for your response.

This is the exact point my solicitor and myself keep arguing. I've also read that the LR may expedite an application with a pending house sale if the seller submits the papers.

Really can't make it clear enough to the seller that their property is a non-starter for most buyers. Lots of people are risk-averse, or need a mortgage. So, it will keep being sold and not sold, if you know what I mean.

Land_Registry

Margot123 wrote: »

I'm in the process of buying an unregistered property.

It is being sold by an executor for her Dad's estate, however her Mum's name is still on the deeds even though she predeceased the Dad by 12 years.

The problem is that the name is spelled slightly wrong on her death certificate, so how do I go about registering it if I can't prove the Mum has died (solicitor says LR won't accept current death cert.)?

BTW Seller is refusing to help in any way. I imagine they would have the same issue again if I pulled out of the transaction.

As you will appreciate clarity around the death is imperative and invariably it is the death certificate which is relied upon.

We can also accept written confirmation by a conveyancer of the fact of the death. This confirmation should include the full name of the deceased; the date of death; and either the date of birth or the age at death of the deceased.

The issue you may have is whether your solicitor is happy to provide such confirmation if you buy and then seek to register the property for the first time on purchase. So I suspect their comment is based in part on their own acceptance or not as the name differs.

In my experience you would ask the seller to register for the first time and then you buy the registered title. However it reads as if they do not wish to do that although that is very much a matter between them/you as per any other negotiations involved when selling/buying.

So the starting point here is whether you/your solicitor will accept the evidence the seller is providing re the seller's ability to sell an unregistered property. If you do then your solicitor may be happy to provide the written confirmation as above. We will then decide if all is in order based on the application as a whole

Margot123

Land_Registry wrote: »

As you will appreciate clarity around the death is imperative and invariably it is the death certificate which is relied upon.

We can also accept written confirmation by a conveyancer of the fact of the death. This confirmation should include the full name of the deceased; the date of death; and either the date of birth or the age at death of the deceased.

The issue you may have is whether your solicitor is happy to provide such confirmation if you buy and then seek to register the property for the first time on purchase. So I suspect their comment is based in part on their own acceptance or not as the name differs.

In my experience you would ask the seller to register for the first time and then you buy the registered title. However it reads as if they do not wish to do that although that is very much a matter between them/you as per any other negotiations involved when selling/buying.

So the starting point here is whether you/your solicitor will accept the evidence the seller is providing re the seller's ability to sell an unregistered property. If you do then your solicitor may be happy to provide the written confirmation as above. We will then decide if all is in order based on the application as a whole

Thank you so much for your response.

It has clarified a complicated situation, and helped me arrive at a decision that is best for myself.

HMS77

Hi
I need to assent my late father’s property to my mother and have noticed that the postcode on the Official copy of register of title is different to the actual property's postcode.  The last 2 letters are DD but should be BB.  Is this going to cause problems? 

greatcrested

Post on the Land Registry thread here.

https://forums.moneysavingexpert.com/discussion/5685941/land-registry-questions/p242