Registering Property

thecoffeehouse204

My mum purchased her property in the mid 60s so it is not registered with the land registry. As she is now in her late 80s we are wondering if it is worth voluntarily registering it now to avoid any problems when the worst happens to her.
Not even sure if her name will be on the deeds as I have a feeling my dad purchased it in preparation for their marriage so may just be in his name and he passed away 6 years ago.

G_M

Legally there is no need. When you sell, the buyer can (must!) do a 1st Registration.

Of course, before buying he (via his solicitor) will need to be satisfied that you ( assuming you are the Executer of her will) are entitled to sell.

This is done via the paper Deeds showing she owns + the Grant of Probate showing she is deceased and you are the Executer.

If the Deeds show your father's name, then proof would be needed to show your mother inhertited (+ his death certificate and / Grant)

So it may well be simpler to sort all that out now, with no time pressure or buyer chomping at the bit, and do a voluntary 1st Registration.


https://www.gov.uk/registering-land-or-property-with-land-registry/register-for-the-first-time


Is there a mortgage? That adds yet another level of complexity.....

thecoffeehouse204

Thanks G_M no mortgage to complicate things, house was bought in cash for the princely sum of £2,500!

Will broach the subject with her and see about visiting the solicitor where the deeds are held, they also dealt with things after my dad passed away so should be able to assist with the proof needed. Was hoping it would be possible to DIY it but think the added complication of my dad having died may make it beyond us.

da_rule

Also, you often find now that solicitors are becoming increasingly less able/willing to deal with unregistered property so many are insisting that the seller registers the property before proceeding.

Also, should your mum need care, she wouldn’t be able to get a deferred payment agreement as the legislation allows the Council to refuse such an agreement where the property isn’t registered.

G_M

thecoffeehouse204 wrote: »

Thanks G_M no mortgage to complicate things, house was bought in cash for the princely sum of £2,500!

Will broach the subject with her and see about visiting the solicitor where the deeds are held, they also dealt with things after my dad passed away so should be able to assist with the proof needed. Was hoping it would be possible to DIY it but think the added complication of my dad having died may make it beyond us.

Provided the paperwork is in order (for dad and mum) then DIY is perfectly possible if you are literate and careful.


But you won't know that till you see the paperwork......

thecoffeehouse204

Thanks again G_M interesting to learn that she may not be eligible for deferred payment if the house is not registered, broached the subject with her earlier and she seemed open to approaching the solicitor to get things moving. She seems to think the house is in both names but not sure if she is correct as I know the house was definately bought 6 months before they married and moved in so may be in her maiden name, deeds etc are held at the solicitors so guess we will have to wait and see.

Mojisola

I would recommend doing it now.

We did a voluntary first registration of our property and a couple of things cropped up that we knew the answer to but our kids wouldn't have known if they'd been trying to do it after we died.

Katiehound

Mojisola wrote: »

I would recommend doing it now.

We did a voluntary first registration of our property and a couple of things cropped up that we knew the answer to but our kids wouldn't have known if they'd been trying to do it after we died.

Is that you as in DIY or you as in ' you & solicitor'?
I am wondering if the process is very complicated - or if a reasonably able brain might be able to do it??

Mojisola

Katiehound wrote: »

Is that you as in DIY or you as in ' you & solicitor'?

I am wondering if the process is very complicated - or if a reasonably able brain might be able to do it??

We used a solicitor - we may stay here for the rest of our lives and I didn't want to leave problems for our executors if we got something wrong.

We had a lot of complicated stuff dating back to when the area was part of a large estate - well before the house was built. If it had been a fairly modern house with a short history, I would have done it myself.

G_M

Katiehound wrote: »

Is that you as in DIY or you as in ' you & solicitor'?
I am wondering if the process is very complicated - or if a reasonably able brain might be able to do it??

A reasonably able brain should be able to do it providing
* you have the time and inclination to learn
* there is no mortgage
* all the deeds/paperwork are present
* all the deeds/paper work are in order
* the deeds/paperwork do not include ancient or complex issues eg rights, obligations to/from others, restrictions, references to other documents that themselves may be missing or unclear

xylophone

Has your mother made a will?

Would she wish to consider granting Power of Attorney if this has not already been done?

Did your father make a will?