Land Registry delays in registration of new builds.

Shriv1

Hi I am in the process of buying a property where the current Owners bought from new about a year ago. Their Tiitle is still with LR for registration. The sale to me was agreed more than 6 weeks ago but their Solicitors are still unable to issue a draft contract because of the lack of Title.  I understand that an expedition request was made about 3 weeks ago but no response has been received. I really don't want to lose my Buyer who agreed to purchase more than 4 months ago and has been very patient. ( I lost out on 2 other properties). There is a chain of 3 below him and I am worried that one or more parties may decide to pull out because of the delay. My dilemma is whether to keep waiting indefinitely for the purchase Title to be registered or whether to withdraw and find an alternative property. Rental is not an option for me because of the terms of my mortgage and other considerations. I realise that this would involve new legal work and mortgage application but it may be worth it for certainty. Opinions would be welcome. Many thanks.

user1977

For a start, it's not true that they are "unable" to issue a draft contract. Everyone can be getting on with things while the LR expedition goes on. Unfortunately many conveyancers seem to stick rigidly to their conveyor belt processes.

BarelySentientAI

Finding an alternative property is unlikely to speed things up.

Ask @Land_Registry if they can tell you anything about the registration.

Shriv1

Hi user1977  Many thanks for your swift reply. I do get the feeling that the Seller's solicitors are not doing enough despite the Land Registry delay. It took weeks to even get a proper plan of the property to submit to my mortgagee's surveyors who refused to progress my application without it. Furthermore the Sellers were requested to provide a copy of the Transfer to them which they must have provided a wealth of information but they have ignored this. I can't believe that this is an innocent error -what are they hiding !  To add to the problems they initially said that they were buying a chain free property but it now turns out that there is in fact a chain of at least three above them. It could all be just a delaying tactic. I don't expect you to reply just wanted to vent my frustration !

Shriv1

Hi user1977  Many thanks for your swift reply. I do get the feeling that the Seller's solicitors are not doing enough despite the Land Registry delay. It took weeks to even get a proper plan of the property to submit to my mortgagee's surveyors who refused to progress my application without it. Furthermore the Sellers were requested to provide a copy of the Transfer to them which would have provided a wealth of information but they have ignored this. I can't believe that this is an innocent error -what are they hiding !  To add to the problems they initially said that they were buying a chain free property but it now turns out that there is in fact a chain of at least three above them. It could all be just a delaying tactic. I don't expect you to reply just wanted to vent my frustration !

Land_Registry

Shriv1 said:

Hi user1977  Many thanks for your swift reply. I do get the feeling that the Seller's solicitors are not doing enough despite the Land Registry delay. It took weeks to even get a proper plan of the property to submit to my mortgagee's surveyors who refused to progress my application without it. Furthermore the Sellers were requested to provide a copy of the Transfer to them which would have provided a wealth of information but they have ignored this. I can't believe that this is an innocent error -what are they hiding !  To add to the problems they initially said that they were buying a chain free property but it now turns out that there is in fact a chain of at least three above them. It could all be just a delaying tactic. I don't expect you to reply just wanted to vent my frustration !

It’s rarely a case of anyone ‘hiding’ anything in the scenario you’ve described. It’s more likely a case of how the conveyancing process has multiple stages to complete before you get to actual exchange and then completion. If there’s a lender involved that can also impact as it adds to the risk-assessment stages as well. 

If everything aligns then a new build, as yet not registered with own title can still be marketed and sold but much depends on those involved in the conveyancing and lending process as to how far they will go and how quickly. 

From our end of things there are invariably delays on a busy development, even with expedition, as the order of submission of applications (the priority order) always impacts so there’s rarely a quick turnaround 
Happy to take a look if you share the address/plot number and title number if known?