Voluntary Registration of House with Land Registry - Cost

helpfuladvice2341

Hello all, I have just found out that my parents terraced property which was bought in 1962 is not registered with the Land Registry. We have the old style deeds. While I do not need to do this now, we will have to when the house is inherited. I also want to do this now as it would be one less problem at a difficult time. I also live there and we do not intend to sell the property. 

1) Has anyone registered an unregistered house recently and know the cost please and how long it took?

2) I also need to try to register a separate parcel of land which is unregistered, likewise has anyone done this, what was the cost and how long did it take.

3) Did you appoint a conveyancer/solicitor or did you find it easy to do? The forms I have seen are all written in Land registry legalise. 

The house is in the North East of England. Hopefully any answers will help other forum members as well!

RAS

First registration is definitely for a solicitor, particularly since you have two deeds. Is the separate parcel of land contiguous and would any future sale be of both house and land, or separate?

It might also be worth spending £3 getting the land registration deeds of adjacent properties? Do you or they have any easements, rights of access over each others land etc?

helpfuladvice2341

Thank you RAS. You have confirmed what I thought i.e. that it would be best to do via a solicitor. 

The separate parcel of land is to the rear of the house, it is not contiguous, there is a single carriageway tarmacked road which is adopted by the Council between the house and the parcel of land. I was told by my late father we owned the separate parcel of land, and that the council put the road in after the house was bought.

We had a caravan parked on the parcel of land in the 1960s through to the 1980s and my father mowed and maintained it until a few years ago, and I thereafter. It is not maintained by anyone else and is not owned by the Council (I can see all Council owned ownership land through work). I  have looked at historic maps and the adjacent land was owned I believe by the Coal Board and the sold and used as a transport depot in the 1960s to the 1980s and then developed as a care home. The adjacent land is separated from the parcel of land by a brick wall which clearly marks the extent of the adjacent ownership. 

The plan we have with the deeds is not clear about ownership. I am wondering if we need to go down the route of adverse possession for the separate parcel of land? I just want to make sure we don't lose it as it can be used to park a car on.

daveyjp

You will need a solicitor and start the process asap.  First registrations can taking a long time if they aren't being done as part of a sale.

user1977

Not sure what you mean by "not clear about ownership"? Are you sure the two plots have separate deeds? Is it possible it's owned as one plot (albeit now with a road running through)?

helpfuladvice2341

user1977 re not clear by ownership. Someone at some point lightly shaded in red pencil, the road and the separate parcel of land, so it may all be covered in the one deed. Unfortunately, I do not know if this was at the point of sale in 1962. So yes I agree, it is possible its owned as one plot (albeit now with a road running through). I think I will seek to get it done as one plot, but I understand the land registry tend to be awkward and the road running in-between complicates matters.

Anyhow I intend to contact some solicitor's tomorrow to get an estimate of cost. Hopefully someone will also be able to advise on that.

daveyjp

Unless the land was sold for the purpose of constructing a road constructing it does not change the ownership status.

All the road does is give a right of access over that land, if the road were ever to be closed the land would revert to the owners.  As you can see Council ownership through your job ask highways/estates (terrier section), if they have any records from the time the road was constructed.

helpfuladvice2341

Thank you all.

theartfullodger

Do you have POA?? If not it is for your parents to do this, obviously.

Clearly also understand that your expect to inherit but they are both entitled to leave all or some of their estates to whoever they want - eg Battersea Dogs, might meet someone, might get "involved" in some "religion" etc etc etc   It happens! (I'm 76, just changed my will....)

I agree with others - a solicitor should do it. 

helpfuladvice2341

Thank you theartfulldodger. Yes I have POA which is why I am looking into this now. I have no expectations and will get advice from a solicitor.