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

GDB2222

Fred2023 said:

Reading through the above comments again, can I just clarify. If I was to apply for adverse possession would that mean my name would then go onto the title (and not the late owners from 2007) and so I would not have an issue selling the house, or would there always be an issue with the title and therefore future sales could be an issue?

If it goes through, the title for the bit of your bedroom would be transferred to you.

One small problem may remain, as the footpath under the bedroom may not be transferred. That would mean that you would own the whole house but not the bit of land that the footpath is on. Part of the bedroom would then be a flying freehold, which is not ideal but still saleable.

Land_Registry

Fred2023 said:

Reading through the above comments again, can I just clarify. If I was to apply for adverse possession would that mean my name would then go onto the title (and not the late owners from 2007) and so I would not have an issue selling the house, or would there always be an issue with the title and therefore future sales could be an issue?

If your claim/application was successful you would be given title to the room. 

There’s a possibility that we might grant absolute title and/or add it to your main title. But it could also be given it’s own possessory title, which can then be updated to absolute some years later. 

Whether there’s an issue is impossible to answer as so much depends on future buyers, legal advice and of course any mortgage lender. The flying freehold point can also impact but nobody can confirm it will now. 

The bottom line is you can’t sell it now until it’s resolved as your buyer has spotted the issue. Getting it registered correctly is what now matters. And if it’s corrected then the risk of future issues diminishes and at least moves you beyond the significant brick wall you’ve hit to date 

Fred2023

GDB2222 said:

Fred2023 said:

Reading through the above comments again, can I just clarify. If I was to apply for adverse possession would that mean my name would then go onto the title (and not the late owners from 2007) and so I would not have an issue selling the house, or would there always be an issue with the title and therefore future sales could be an issue?

If it goes through, the title for the bit of your bedroom would be transferred to you.

One small problem may remain, as the footpath under the bedroom may not be transferred. That would mean that you would own the whole house but not the bit of land that the footpath is on. Part of the bedroom would then be a flying freehold, which is not ideal but still saleable.

Up to now, I don't think the issue was the flying freehold, just the title not being in my name. I will keep you updated.

Fred2023

Just a quick update for anyone following but someone from my solicitors firm competed a door step visit to the female and they have manged to get her signature/identification sorted, hallelujah!!!!!!!! So this female has caused me a huge delay and a huge expense (I don't know the bill yet for the door step visit) but it appears the issue is finally resolved and the title can go into my name. Thank you everyone for all your help and suggestions.

UnderOffer

Brilliant news and probably worth the extra to get this resolved.