Issue with selling property which has two titles, one in the wrong name.

Fred2023

Excuse me, but first ever post so sorry if I have this in the wrong place.
I purchased a property in 2007 and in 2022 put it up for sale and it sold within the first day. Everything was going well until nearly exchanging when the buyers solicitors noted that my property has two land registry titles ( not uncommon, I know, but this was the first I had heard of it). It appears though that when I purchased in 2007 my solicitor only put one of the titles into my name and the other remains in the previous owners name. I managed to find the previous owners through Facebook (they have since divorced) and initially said they would help and I offered them a small amount for their help. They are now saying they want £300 each plus expenses before they go ahead. My solicitor states I have little option so I agreed to this. One of the owners has now done this but the other has stopped all contact and so I do not know where to go. My solicitor does not know what to do and can give me no advice. I spoke to the land registry and they state all parties have to sign the form (I believe it is a TR/1). The solicitor I used in 2007 no longer trades and I contacted the ombudsman in relation to advice and compensation. Their reply is that they cannot offer legal advice and suggest I seek some (I already have a solicitor and they cannot help) and that they have a cut off time of 15yrs which has just expired so I am not entitled to any compensation. So I am now at the stage where my solicitor says I cannot do anything, and as such cannot sell the house. This has to be one of the most absurd things I have heard, they really cannot be saying I can never sell my house? I really don't know what to do now. What happens if I had never found the previous owners, or they had died? Any suggestions?

user1977

Why can't your current solicitor offer you advice about how to sort this?

propertyrental

Fred2023 said:

Excuse me, but first ever post so sorry if I have this in the wrong place.
I purchased a property in 2007 and in 2022 put it up for sale and it sold within the first day.
No it didn't. You merely found a potential buyer.
Everything was going well until nearly exchanging when the buyers solicitors noted that my property has two land registry titles ( not uncommon, I know, but this was the first I had heard of it).
Why had your own solicitor not noticed this when you first instructed them?
 It appears though that when I purchased in 2007 my solicitor only put one of the titles into my name and the other remains in the previous owners name.
What are these two titles? Are they for different parts of the property (eg an extended section of garden that was purchased by a previous owner)?
Or is one a lease and one the freehold?
Or is there a duplication ie the titles are for the same property, perhaps under different addresses?

Depending on the answer, it may be that you were negligent in not comparing the title you were buying with the actual layout of the physical property.

I managed to find the previous owners through Facebook (they have since divorced) and initially said they would help
both said this?
and I offered them a small amount for their help. They are now saying they want £300 each plus expenses before they go ahead.
The 'expenses' is not unreasonable- they probably want to instrct a solicitor to advise them.

My solicitor states I have little option so I agreed to this. One of the owners has now done this but the other has stopped all contact and so I do not know where to go.
Offer more money?
My solicitor does not know what to do and can give me no advice.
Proper solicitor? Or cheap conveyancing warehouse?
 I spoke to the land registry and they state all parties have to sign the form (I believe it is a TR/1).
Yes
The solicitor I used in 2007 no longer trades and I contacted the ombudsman in relation to advice and compensation.
Contact the SRA here.
Their reply is that they cannot offer legal advice and suggest I seek some (I already have a solicitor and they cannot help) and that they have a cut off time of 15yrs which has just expired so I am not entitled to any compensation.
True
 So I am now at the stage where my solicitor says I cannot do anything, and as such cannot sell the house. This has to be one of the most absurd things I have heard, they really cannot be saying I can never sell my house? I really don't know what to do now. What happens if I had never found the previous owners, or they had died? Any suggestions?

Do you still have the original purchase contract (not the TR1)?

Fred2023

Hi user1977, you would think my solicitor must know a way around it and she is very experienced, but she informs me she does not know how to progress this, and this is as far as we get. I have tried to obtain other legal advice but when you ring them normally you get the secretary and so you explain the issue and ask for someone to call you back and they don't, so maybe other solicitors don't know either.

Propertyrental- yes I believe I have the purchase contract, depending exactly what you mean by this. Currently all the paperwork I have for purchase in 2007 is with my current solicitor. 

Fred2023

The property has two titles as one of the upstairs bedroom hangs over a footpath underneath (a flying freehold ) and so this part which is around 8' x 12' has a separate freehold title. So both titles are freehold.
Yes I could offer more money for the previous owners, but where would it stop. I feel like telling them that as their names are on the titles then they should be paying part of the council tax. I only contacted the male party and daughter on Facebook and gave him my solicitor details and he contacted her and he has fully cooperated. 

user1977

Fred2023 said:

Hi user1977, you would think my solicitor must know a way around it and she is very experienced, but she informs me she does not know how to progress this, and this is as far as we get. I have tried to obtain other legal advice but when you ring them normally you get the secretary and so you explain the issue and ask for someone to call you back and they don't, so maybe other solicitors don't know either.

Propertyrental- yes I believe I have the purchase contract, depending exactly what you mean by this. Currently all the paperwork I have for purchase in 2007 is with my current solicitor. 

Is your solicitor saying her firm can't help you at all with your transaction and you'll need to go somewhere else? Sorting this out involves more work but really isn't rocket science.

The first question is whether you ever contracted to buy this additional land, and it was just omitted from the conveyancing process for some reason. 

LHW99

Has anyone ever queried your ownership? If not Is Possessory Title a way to go? https://bhwsolicitors.com/news/possessory-title-mean/

We had to do this on a property. It's not quick (6months+) , and I believe we also needed a moderately cheap indemnity policy when we sold.

Having said that, in our case the section in question was not in anyone's name, so it may not be possible in this case.

Fred2023

user1977 said:

Fred2023 said:

Hi user1977, you would think my solicitor must know a way around it and she is very experienced, but she informs me she does not know how to progress this, and this is as far as we get. I have tried to obtain other legal advice but when you ring them normally you get the secretary and so you explain the issue and ask for someone to call you back and they don't, so maybe other solicitors don't know either.

Propertyrental- yes I believe I have the purchase contract, depending exactly what you mean by this. Currently all the paperwork I have for purchase in 2007 is with my current solicitor. 

Is your solicitor saying her firm can't help you at all with your transaction and you'll need to go somewhere else? Sorting this out involves more work but really isn't rocket science.

The first question is whether you ever contracted to buy this additional land, and it was just omitted from the conveyancing process for some reason. 

Yes basically my solicitor is saying she does not know what to do, she does not know how to get the title transferred into my name as the previous owner is failing to sign.
I never contracted to buy the additional land, I have never bought any land, the property has two titles, one for the main house and the other for the small part of the bedroom that overhangs the public footpath.
Have you any suggestions how both titles can be put into my name?

Fred2023

Re propertyrentals post about contacting the SRA I have looked and basically it states

You will not be able to make an application to the Compensation Fund if any of the following apply:

• Your loss is due to the solicitor’s negligence, unless the solicitor did not have insurance.

The solicitor I used in 2007 closed in 2009, so I have no idea now what insurance they had or how I go about claiming from it.

Fred2023

I have literally just received an email back from land registry after I told them my situation and asked for any suggestions whatsoever. They inform me they can't offer legal advice and suggest I speak to a solicitor. (Even though I fully explained the solicitor could not help) This reply I fully expected but I am clutching at straws as no one seems to know what to do.

user1977

Fred2023 said:

user1977 said:

Fred2023 said:

Hi user1977, you would think my solicitor must know a way around it and she is very experienced, but she informs me she does not know how to progress this, and this is as far as we get. I have tried to obtain other legal advice but when you ring them normally you get the secretary and so you explain the issue and ask for someone to call you back and they don't, so maybe other solicitors don't know either.

Propertyrental- yes I believe I have the purchase contract, depending exactly what you mean by this. Currently all the paperwork I have for purchase in 2007 is with my current solicitor. 

Is your solicitor saying her firm can't help you at all with your transaction and you'll need to go somewhere else? Sorting this out involves more work but really isn't rocket science.

The first question is whether you ever contracted to buy this additional land, and it was just omitted from the conveyancing process for some reason. 

Yes basically my solicitor is saying she does not know what to do, she does not know how to get the title transferred into my name as the previous owner is failing to sign.

I'd have thought a claim for adverse possession would be competent here?

But in any event, I thought you said the owners were merely asking for a (fairly modest) price, not refusing to sell? It's going to be quicker and simpler just to pay them rather than use other methods which take months and are likely to make your current sale fall through.