Land Registry weren't notified of sale of my property many years ago - what do I need to do now?

user1977

lr1277 said:

Doesn't selling the property raise a number of issues?

Gaining access to the property. Would a court decision be required to force out the current occupier? 

Assuming there's no doubt that the sale did in fact take place, the OP does not have any right to kick out the buyer or to sell the property (again).

GDB2222

A tourist asks one of the locals for directions to a town. The local  replies: ‘Well sir, if I were you, I wouldn’t start from here’.

TripleH

Does your 'mate' still live in the property?

Or has he abandoned it?

Are you still in contact with him?

Was the sale conducted with a conveyancer and is your 'mate' the type who keeps paperwork? (my father still had the paperwork from when my parents purchased their house in 1986).

GDB2222

user1977 said:

lr1277 said:

Doesn't selling the property raise a number of issues?

Gaining access to the property. Would a court decision be required to force out the current occupier? 

Assuming there's no doubt that the sale did in fact take place, the OP does not have any right to kick out the buyer or to sell the property (again).

Property sale agreements need to be in writing (in England at any rate) to be valid. I assume that the OP completed the TR1 form 40 years ago, but if he didn’t there’s a big question mark as to whether the sale took place. Even if it’s just been lost, that raises an evidential issue. In other words, it’s possible that a valid sale did not take place.

Really, the OP just wants to regularise the sale and get away from being chased by the council. Threatening, reasonably credibly, to give back the £4k and take back the house ought to be enough to get the ‘friend' to deal with this problem. 

The OP needs to hire a lawyer. 

canaldumidi

lr1277 said:

Doesn't selling the property raise a number of issues?

Gaining access to the property. Would a court decision be required to force out the current occupier? Or at least to get the keys to the property to be given to the estate agent.

Does the occupier have tenant or squatter rights?

I suppose the OP could threaten selling the property. The current occupier would either initiate or contest any legal action. At which point they would have to admit they are the current owner/tenant/squatter. In which case they would be liable for the council tax?

Gussing on my part.

OP said:

according to them, the property has not been lived in for ten years. 

If the property is empty, show Land Registry title docs to locksmith and gain entry.

If OP is in occupation, then as occupier he is liable for CT.

If someone else is in occupation (eg a tenant) then a) that occupant is liable for CT and b) property could be sold at auction with tenancy ongoing.

newsgroupmonkey_

It's the usual.

OP creates account. Drops some dynamite, lights the fuse and is never heard of again.

steampowered

user1977 said:

Assuming there's no doubt that the sale did in fact take place, the OP does not have any right to kick out the buyer or to sell the property (again).

The law states as follows:
"A contract for the sale or other disposition of an interest in land can only be made in writing and only by incorporating all the terms which the parties have expressly agreed in one document or, where contracts are exchanged, in each."

This means that a transfer of an interest in land, or a contract to sell land, must be in writing. Verbal agreements are not valid for property.

So, if the contract to sell the land was not in writing, and the land registry was never notified, it is entirely possible that the Op still owns the property. 

steampowered

punwin said:

Forty years ago(!) I sold my humble abode to a mate because I was going overseas to work in something of a hurry.  He paid me (just over four grand!), was given the deeds etc and said that he'd register his purchase / transfer of title with the Land Registry. 

It seems he never got around to it and last year the Local Authority (Kirklees) finally tracked me down as being still registered as the property owner. 

The buyer can't register a transfer at the land registry without the seller's signature.

Think about it. If the buyer could sort registration without any input from the seller, I could simply tell the land registry that I now  own your house. 

GDB2222

steampowered said:

user1977 said:

Assuming there's no doubt that the sale did in fact take place, the OP does not have any right to kick out the buyer or to sell the property (again).

The law states as follows:
"A contract for the sale or other disposition of an interest in land can only be made in writing and only by incorporating all the terms which the parties have expressly agreed in one document or, where contracts are exchanged, in each."

This means that a transfer of an interest in land, or a contract to sell land, must be in writing. Verbal agreements are not valid for property.

So, if the contract to sell the land was not in writing, and the land registry was never notified, it is entirely possible that the Op still owns the property. 

I think it’s almost inconceivable that the op didn’t complete a TR1 before leaving the country, but if he didn’t it explains why the LR was never updated. 

user1977

steampowered said:

user1977 said:

Assuming there's no doubt that the sale did in fact take place, the OP does not have any right to kick out the buyer or to sell the property (again).

The law states as follows:
"A contract for the sale or other disposition of an interest in land can only be made in writing and only by incorporating all the terms which the parties have expressly agreed in one document or, where contracts are exchanged, in each."

This means that a transfer of an interest in land, or a contract to sell land, must be in writing. Verbal agreements are not valid for property.

So, if the contract to sell the land was not in writing, and the land registry was never notified, it is entirely possible that the Op still owns the property. 

True, hence why I said "assuming there's no doubt that the sale did in fact take place"...

Other people here seem to think the mere lack of registration means the vendor still owns it (in questions with the buyer). That obviously isn't how it works (otherwise you could complete a sale on Friday and let yourself back in on Sunday before your buyer has had a chance to register their title).