Land not registered but part of the property purchase

LLizz

SDLT_Geek said:

Your seller seems to have documentary title to the whole property.  Part is registered title and part is unregistered title.  So long as it is all in order, then your solicitor should be able to give a clean certificate of title confirming that there is good title to the property as seen by the valuer.  
This should be much more straightforward than a case where the seller has no documentary title to part of the property and is relying on adverse possession.  You probably do not need to worry.

This sounds hopeful!!! 

And great to have the advice and knowledge to fire as questions at the solicitor after the new year. 

If it’s so simple though, I do wonder why it seems she’s going the long way around as per my first post... but she IS good so I’m not about to grumble about her 

LLizz

Had a response from the Agents today after asking them to politely chase solicitors on the vendors side as to what’s going on with paper deeds/separate title. 

The response: 
‘ Good afternoon,
I have heard from *********** (sellers solicitor) that it has been handed to their director to sort but I haven’t heard what he is doing.

The seller has confirmed the extensive garden is 100% included in the purchase & believed it was registered to the property.

It is more like that it is unregistered & will be added to the title during the purchase process.

Kind regards.’

It’s frustrating us massively not knowing what the deal is... we’re not sure what to draw from the email - do documents exist? Do they not? 

It’s nice that the vendor says it’s 100% included but we need proof it’s his to sell!

The vendor bought the property in 2011 so surely this would have been raised by his solicitors on the purchase back then... Or did he not check the title assume it included the entire plot, and could he have purchased being oblivious? 

I’ve asked our solicitor to try and find out what’s happening and have asked if the agent would mind requesting what the director is doing and whether the title deeds exist. 

Worried, worried, worried.

greatcrested

LLizz said:

....

The seller has confirmed the extensive garden is 100% included in the purchase & believed it was registered to the property.

It is more like that it is unregistered & will be added to the title during the purchase process.

You cannot rely on any legal info from the EA. Rely on your coveyancer.

'added to th title during the process' = what? When? Before purchase? Fine.

After purchase during registration? So the risk is on you.

LLizz

greatcrested said: You cannot rely on any legal info from the EA. Rely on your coveyancer.

'added to th title during the process' = what? When? Before purchase? Fine.

After purchase during registration? So the risk is on you.

Totally agree with this! 

As I say, lovely he’s so confident but it means nothing...

The Agent has a close working relationship with the solicitors (small town) so manages to get responses from the paralegal more quickly than our solicitor and she is still on annual leave so I was champing at the bit to just get a bit more info’ hence me asking for an update. 

Entirely frustrated by this.
Could it be possible the vendor was totally oblivious during his purchase?
It’s a mystery, who owns the b****y land!?
You can’t access it except via the properties driveway with bedroom extension over... The mind boggles. 

LLizz

greatcrested said:

'added to th title during the process' = what? When? Before purchase? Fine.

After purchase during registration? So the risk is on you.

How would he do this if he doesn’t hold the title deeds? 

An adverse possession request? Would it be that as someone mentioned before? 🤔 

Doozergirl

I've been waiting for three tins of paint to be delivered since I ordered it on the 22nd December because they closed for Xmas.  

Cut the solicitors a bit of slack and put the worrying on hold - because you've been given a great deal of good hypothetical advice already but still don't have enough information properly yet.  Wait for your solicitor to advise properly on the situation because that should also come with the solution.   

AdrianC

Doozergirl said:

I've been waiting for three tins of paint to be delivered since I ordered it on the 22nd December because they closed for Xmas.

Paint has been chaos all year, according to my local BMs. They've been running out left, right and centre.

LLizz

Doozergirl said:

I've been waiting for three tins of paint to be delivered since I ordered it on the 22nd December because they closed for Xmas.  

Cut the solicitors a bit of slack and put the worrying on hold - because you've been given a great deal of good hypothetical advice already but still don't have enough information properly yet.  Wait for your solicitor to advise properly on the situation because that should also come with the solution.   

Our solicitor is wonderful. I have all slack cut and absolutely no concerns with her or her work — the issue is with my own worrying and the need to know what is going on... I’m not v patient and anxious by nature which is a reflection on no one but myself. 

Someone may find this thread useful and be going through the same worries in the future. I had an update today and so was reaching out. I see nothing wrong with that. 

But Thankyou for taking the time to reply all the same, you’re right, I see no other option but to wait, the advice I’ve had here has been v v useful in the past and the knowledge of some members incredible. Not only on this thread.

I hope your paint turns up soon.

LLizz

Incase anyone may find this thread in the future I’ll try to keep it as a ‘how it pans out’ update from now - we’ve just had the following update from our solicitor via the vendors solicitor: 
‘We have raised an enquiry with the Land Registry about it and await their response.
Kind regards’

So nothing much, we’ve no idea what the enquiry involves up to now.

lookstraightahead

I believe we are just starting this process 🙄