House purchase stalled due to Land Reg First registration not gone through - what to do?

locationx3

In our current attempt to buy a house we have found that the owner bought it unregistered and the first registration is still going through the Land Registry - 8 months and counting. Neither my or the sellers solicitor will do anything to move things along until the registration is complete. 

I have asked the seller if they can expedite with the LR, but it appears there are quite stringent conditions to get this request accepted and I don’t know currently if the request has been made or will be accepted.

So, there is the option of just waiting for an indeterminate time - could be 6 months or more with current delays, and then have to go through the normal lengthy conveyancing process. I would wait (reluctantly), but I am very concerned that I wait and then something comes to light later that makes it a fail.

There a couple of things that could potentially sink it - some possible restrictive covenants in the deeds (still paper) and possible lack of building regs completion on a substantial extension done by the original owner (I found the planning application and approval online).

To cut a long post shorter - do people think it would be reasonable to ask the seller for a copy of the covenants section of the paper deeds and a copy of the building regs completion certificate? (We would do this via the estate agent). If these are satisfactory we would be ok with waiting.

simon_or

Tagging @Land_Registry for their opinion on expediting the registration.

I'm certainly not an expert but did your solicitor tell you that restrictive covenants and BR certificates can stop unregistered land from being registered?

And if you are going to ask for it, wouldn't it be best to do that through your solicitor as I presume they'll be the ones giving an opinion on whether or not it's prudent to wait?

user1977

locationx3 said:

Neither my or the sellers solicitor will do anything to move things along until the registration is complete.

Has either explained why not? Was it the sellers' solicitor who submitted the application for first registration?

There a couple of things that could potentially sink it - some possible restrictive covenants in the deeds (still paper) and possible lack of building regs completion on a substantial extension done by the original owner (I found the planning application and approval online).

I don't see what those have to do with the registration time, if that's what you're saying? Have you had any advice about those points? What's the problem with the covenants? How old is the extension?

FreeBear

locationx3 said: To cut a long post shorter - do people think it would be reasonable to ask the seller for a copy of the covenants section of the paper deeds and a copy of the building regs completion certificate? (We would do this via the estate agent). If these are satisfactory we would be ok with waiting.

Wouldn't hurt to ask. But they may not have copies of the deeds if they have been sent off to the LR. The BR cert could have been lost somewhere. The council may well have a copy on file as it sounds like the extension went through the proper procedures. Even if the certificate is not available, it wouldn't be something I personally, would loose any sleep over. Just get a detailed survey done and ask the surveyor to take a closer look at the extension.

woodpeckerx

You as the buyer can request an LR expedite, you just need to get hold of the application number and provide some details such as the memorandum of sale. See here https://www.gov.uk/guidance/request-an-expedite

Its fine to ask for a copy of ALL the documents and you defintely should, your solicitor should do this anyway. If the extension was built some time ago and the building regs certificate is lost you can get an indemnity policy. Enforcement action can only taken within 12 months of the building work being complete so if its older than that there is zero chance of enforcement anyway.

canaldumidi

locationx3 said:

...

I have asked the seller if they can expedite with the LR, but it appears there are quite stringent conditions to get this request accepted and I don’t know currently if the request has been made or will be accepted.

Well you need to clarify this, and expedite. The LR should expedite if there is a purchase beng held up
So, there is the option of just waiting for an indeterminate time - could be 6 months or more with current delays, and then have to go through the normal lengthy conveyancing process. I would wait (reluctantly), but I am very concerned that I wait and then something comes to light later that makes it a fail.
Well that is always possible.
There a couple of things that could potentially sink it - some possible restrictive covenants in the deeds (still paper) and possible lack of building regs completion on a substantial extension done by the original owner (I found the planning application and approval online).

Neither of those matters will affect 1st Registration.

They might, of course, affect whether you wish to continue the purchase eg if the covenant forbids hanging up washing in the garden, and you absolutely want to be able to hang up washing, then you might choose not to buy.
To cut a long post shorter - do people think it would be reasonable to ask the seller for a copy of the covenants section of the paper deeds and a copy of the building regs completion certificate?Yes

(We would do this via the estate agent).Why? That's your solicitor's job

..........................................

locationx3

simon_or said:

Tagging @Land_Registry for their opinion on expediting the registration.

I'm certainly not an expert but did your solicitor tell you that restrictive covenants and BR certificates can stop unregistered land from being registered?

And if you are going to ask for it, wouldn't it be best to do that through your solicitor as I presume they'll be the ones giving an opinion on whether or not it's prudent to wait?

No, the potential covenant and BR issues have nothing to do with the registration (I assume that is routine, but slow - all the surrounding properties are registered and they were all built at the same time by the same builder). The other things are to do with whether I want to continue with the purchase - I’d rather know those before I wait potentially a long time for the LR.

I may ask through my solicitor, but to add more background; a year in and this is my third attempt to buy a property and due to the sellers flaking both times I have already shelled out a packet in searches, solicitors fees and surveys. My solicitor is understandably very cautious about running up more fees on my account if this new house has title issues that make it too risky to buy.

user1977

locationx3 said:

simon_or said:

Tagging @Land_Registry for their opinion on expediting the registration.

I'm certainly not an expert but did your solicitor tell you that restrictive covenants and BR certificates can stop unregistered land from being registered?

And if you are going to ask for it, wouldn't it be best to do that through your solicitor as I presume they'll be the ones giving an opinion on whether or not it's prudent to wait?

My solicitor is understandably very cautious about running up more fees on my account if this new house has title issues that make it too risky to buy.

But has there been any suggestion that there are "title issues"? It's relatively rare for a house to have title problems which cause buyers to walk away.

locationx3

user1977 said:

locationx3 said:

simon_or said:

Tagging @Land_Registry for their opinion on expediting the registration.

I'm certainly not an expert but did your solicitor tell you that restrictive covenants and BR certificates can stop unregistered land from being registered?

And if you are going to ask for it, wouldn't it be best to do that through your solicitor as I presume they'll be the ones giving an opinion on whether or not it's prudent to wait?

My solicitor is understandably very cautious about running up more fees on my account if this new house has title issues that make it too risky to buy.

But has there been any suggestion that there are "title issues"? It's relatively rare for a house to have title problems which cause buyers to walk away.

No, but I have experience of a relative buying a property where there was an issue. There was a right of way across their land and that has been a point of conflict ever since.

user1977

locationx3 said:

user1977 said:

locationx3 said:

simon_or said:

Tagging @Land_Registry for their opinion on expediting the registration.

I'm certainly not an expert but did your solicitor tell you that restrictive covenants and BR certificates can stop unregistered land from being registered?

And if you are going to ask for it, wouldn't it be best to do that through your solicitor as I presume they'll be the ones giving an opinion on whether or not it's prudent to wait?

My solicitor is understandably very cautious about running up more fees on my account if this new house has title issues that make it too risky to buy.

But has there been any suggestion that there are "title issues"? It's relatively rare for a house to have title problems which cause buyers to walk away.

No, but I have experience of a relative buying a property where there was an issue. There was a right of way across their land and that has been a point of conflict ever since.

The fact that there doesn't seem to be a problem with the rest of the houses in the estate suggests there aren't likely to be weird things like that affecting this property.

In any event - the solicitors can figure out stuff like this now (if they can be bothered/instructed to) - they don't need to act like it's all a complete mystery until after the Land Registry have completed registration.