Require Conveyancing Advice - Land Registry

MateenAmir

Hi All,
first time here.

I have a complex issue regarding first registration of property with Land Registry leading to a Qualified Title. According to my solicitor the issue is the current Root of Title – which is a voluntary Conveyance for no consideration. This is not considered to be a good root of title for the purposes of Compulsory First Registration. The title would be registered with Qualified title which could present problems in the future given that a number of Lenders will not lend on this class of title and we may be left open to familial claims of ownership. Has anyone ever come across this and is there any way to resolve this? M

G_M

MateenAmir wrote: »

.....first registration of property with Land Registry leading to a Qualified Title.

According to my solicitor the issue is the current Root of Title – which is a voluntary Conveyance for no consideration. This is not considered to be a good root of title for the purposes of Compulsory First Registration. The title would be registered with Qualified title which could present problems in the future given that a number of Lenders will not lend on this class of title and we may be left open to familial claims of ownership. Has anyone ever come across this and is there any way to resolve this? M

I'm no expert but am surprised.

The quality of Title is dependant on there being sufficient evidence of the previous ownership. Whether registration is compulsory or voluntary would not affect that. And I don't see why a 'voluntary Conveyance for no consideration' would affect it either.

In a registered property, a Transfer for no consideration, or an assent, are both perfectly acceptable and grant the new owner good Title, so why is this different?

But hopefuly the Land Registry Rep will be along to advise.......


https://www.gov.uk/government/publications/upgrading-the-class-of-title/practice-guide-42-upgrading-the-class-of-title

MateenAmir

Hi G_M,
Thank you for your reply!
I believe the property is on the old ROD (Register of Deeds) but was not registered voluntarily in the newer land registry. Would this have an affect on the inability to achieve an Absolute title on first compulsory registration? M

G_M

MateenAmir wrote: »

Hi G_M,
Thank you for your reply!
I believe the property is on the old ROD (Register of Deeds) but was not registered voluntarily in the newer land registry. Would this have an affect on the inability to achieve an Absolute title on first compulsory registration? M

What affects the qualiy of registration is not where/how/whether it was previously registered, but how effectively ownership can be proved.


Unitil the intorduction of the current system (1970s onwards) ALL Titles were established using paper deeds. This showed how the current owner (A) obtained ownership from the previous one (B), and how B obtained ownership from C, ad C from D etc.


With sufficient paper deeds showing historic transfers of ownership, lawyers could demonstrate what is now called 'Title Absolute'.


Not all land has been registered to date, so when a property is first registered with the Land Registry(either through voluntary or compulsory registration), the same principal applies: if the paper deeds are good, there's no problem. Whether or not the property had been logged with the Register of Deeds is irrelevant. What matters is the quality of the evidence that A genuinely owns the land.


But I suggest you edit the title of your thread. Click 'go advanced' beneath post 1, and in the Title bar add the words 'Land registry'. The LR rep is then more likely to spot the thread, add his comments, and correct mine!