not on land registry

NittyGritty

hi long story short, my mum passed away last year, i have the probate, my question is ive just found out my mother isnt registered on the land registry, i,m assuming as she took over the house after her husband passed away it wasnt a requirement back then to register it on land registry, ....so how easy is it to do it my self rather than getting a solicitor, i,m currently the executor of the will, and want to buy out 1 of my sisters share of house, so i will own 66% and my other sister will own 33%, what forms do i need to register on land registry for first time, i was quoted over 1.5k if i go through solicitors, (i did probate myself online and it was pretty easy) i,m finding doing first land registry a bit daunting 

NittyGritty

also can someone confirm i got a quote from solictors which says this as one of their breakdowns 
Land Registry Registration Fee £230.00

First Registration Fee

£180.00

why is there 2 fees for land registry, and are they correct, as i,m buying one of my sisters out for just 45k under scale 1 fees it shows £45 for 0 to 80k
or do they take into account the total current value of the house? if so between £100,001 to £200,000 is £230 

just wondering why they charging £180 plus £230 just to first time register on land registry

any one have ideas ? or had similer charges for first time registering on land register

p00hsticks

 NittyGritty said:

hi long story short, my mum passed away last year, i have the probate, my question is ive just found out my mother isnt registered on the land registry, i,m assuming as she took over the house after her husband passed away it wasnt a requirement back then to register it on land registry, ....

I'm not 100% clear on whether you are saying that the property doesn't show up on the Land Registry at all, or if it is there but still in the husbands name rather than your mothers ? 

If it's not registered at all do you have the deeds to the property ? 

badplasterer

I'm in a similar situation, house not on land registry, one parent passed away some years ago (this doesn't trigger the need to register) other parent has now died.  The deeds still show both parents names

Getting hold of the deeds is the first step.  From what I have read the deeds should give information on what Land Charge searches have previously been done, a land charge search is required on all names in the deeds since that point, back to 1925.

So there will be fees for this search - perhaps that's the £180 (although seems high as the fee is £6 per name searched)

The land registry fee scale is for the whole property value, hence £230 I believe

Savvy_Sue

If the property is not registered with the Land Registry, then the general advice is that this is best dealt with by a solicitor, because it is too easy for a layperson to miss something which only gets discovered later, leaving a very nasty mess. 

And I suspect you won't be able to transfer into your own name without this registration, so probably best to bite the bullet and get it sorted. You certainly won't be able to sell in the future without this (or someone else selling it after your death). 

badplasterer

Savvy_Sue said:

If the property is not registered with the Land Registry, then the general advice is that this is best dealt with by a solicitor, because it is too easy for a layperson to miss something which only gets discovered later, leaving a very nasty mess. 

Yes, this does seem to be the general opinion, but I'm wondering that in some simpler situations (e.g. same owner for many decades, where the history of the land, boundaries etc is straightforward and the owners personal history is uncomplicated and well known) it's perhaps worth considering

As a forum newbie I can't post the link but google "harperjames registering land guide" will locate what looks like quite a good guide to the process (from a solicitor, so they are trying to dissuade DIY!)

Would be interested to hear the experiences of anyone who's attempted this themselves

Savvy_Sue

I'm not going to read it myself (sorry), but here is a link to the guide mentioned above. https://harperjames.co.uk/article/registering-land-a-guide-to-the-process/

NittyGritty

p00hsticks said:

 NittyGritty said:

hi long story short, my mum passed away last year, i have the probate, my question is ive just found out my mother isnt registered on the land registry, i,m assuming as she took over the house after her husband passed away it wasnt a requirement back then to register it on land registry, ....

I'm not 100% clear on whether you are saying that the property doesn't show up on the Land Registry at all, or if it is there but still in the husbands name rather than your mothers ? 

If it's not registered at all do you have the deeds to the property ? 

it wasnt registered on the land registry due to at the time of purchuse by her late husband wasnt a requirement back in the day, it has since changed to my mothers name on the deeds i have them yes

poppystar

NittyGritty said:

p00hsticks said:

 NittyGritty said:

hi long story short, my mum passed away last year, i have the probate, my question is ive just found out my mother isnt registered on the land registry, i,m assuming as she took over the house after her husband passed away it wasnt a requirement back then to register it on land registry, ....

I'm not 100% clear on whether you are saying that the property doesn't show up on the Land Registry at all, or if it is there but still in the husbands name rather than your mothers ? 

If it's not registered at all do you have the deeds to the property ? 

it wasnt registered on the land registry due to at the time of purchuse by her late husband wasnt a requirement back in the day, it has since changed to my mothers name on the deeds i have them yes

Surely if you have deeds in your mother’s name then it is registered with Land Registry? 

Spendless

Can @Land_Registry help clear up any confusion on this? 

user1977

poppystar said:

NittyGritty said:

p00hsticks said:

 NittyGritty said:

hi long story short, my mum passed away last year, i have the probate, my question is ive just found out my mother isnt registered on the land registry, i,m assuming as she took over the house after her husband passed away it wasnt a requirement back then to register it on land registry, ....

I'm not 100% clear on whether you are saying that the property doesn't show up on the Land Registry at all, or if it is there but still in the husbands name rather than your mothers ? 

If it's not registered at all do you have the deeds to the property ? 

it wasnt registered on the land registry due to at the time of purchuse by her late husband wasnt a requirement back in the day, it has since changed to my mothers name on the deeds i have them yes

Surely if you have deeds in your mother’s name then it is registered with Land Registry? 

How do you make that out? If anything it's unregistered properties where there are more likely to be deeds.