Unregistered property/half garden registered by neighbour

beckyw_2

I am going to view a probate (has been granted) property next week which the estate agent states is unregistered.  If executors have the deeds I understand that registration is something my solicitor could do as part of purchase process.

However, I can see from photos that the mid terrace property I am viewing has a garden half the size of its neighbours. The one adjoining neighbour property is registered at land registry along with another separate registration for land. I can't download the plan only apply for it via post to check if it is the other half of garden of property I'm interested in.

My question - if executors have title deeds/plan but garden does not match because neighbours have claimed/bought half garden would my solicitor be able to register the property and it's now reduced size garden at land registry?  Or because of garden issue should executors solicitor register first? They are marketing as cash buyers only.

Thanks

user1977

Have the agents told you why it's "cash buyers only"? That suggests some sort of problem, either with the titles or the condition of the property.

propertyrental

beckyw_2 said:

I am going to view a probate (has been granted) property next week which the estate agent states is unregistered.  If executors have the deeds I understand that registration is something my solicitor could do as part of purchase process.

yes but your solicitors must be fully satisfied with the paper deeds as the risk passes to you on Completion.

An alternative is to insist the sellers do a 1st registration before you Exchange which they may or may not be willing to do.
However, I can see from photos that the mid terrace property I am viewing has a garden half the size of its neighbours. The one adjoining neighbour property is registered at land registry along with another separate registration for land. I can't download the plan only apply for it via post to check if it is the other half of garden of property I'm interested in.

seems strange if the land has its own registration that Title's Plan should be downloadable.

Another option is to do a 'Map Search' at LR.
My question - if executors have title deeds/plan but garden does not match because neighbours have claimed/bought half garden would my solicitor be able to register the property and it's now reduced size garden at land registry?  Or because of garden issue should executors solicitor register first? They are marketing as cash buyers only.
why? Unmorgeable and if so why? Structural problems? Or a problem with the deeds (eg missing!)?
Thanks

If the land in question was sold to the neighbours there should be a paper conveyance for this with the deeds. The Land Registry will register whatever is in the deeds.