not on land registry

NittyGritty

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? 

house was passed to my mother when her husband passed away in 1990 back then it wasnt a requirement to register on land registry, so no its not registered as i mentioned above

poppystar

NittyGritty said:

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? 

house was passed to my mother when her husband passed away in 1990 back then it wasnt a requirement to register on land registry, so no its not registered as i mentioned above

Compulsory registration started in 1990 so your mother must only have just missed out on it. 

Land_Registry

A few things to add here that might assist
Inheritance doesn't transfer the legal ownership and it's not compulsory to do so following a death although most do. Probate would have been needed for her husband to enable his executor to deal with the estate including transferring that legal ownership.
Roll forward to now and you are looking to transfer the legal ownership and trigger the need to register for the first time. If Your Mother had probate for her husband and you have probate for her then you should have what's known as a 'chain of representation'. The 2 probates together then allow you to deal with his estate
Our online assisted guidance explains how you can transfer the ownership, submit an application and what forms/fees etc are required from a registration perspective - HMLR Guide Page  · HM Land Registry
Whilst you can do this yourself land registration is complex, designed to protect legal and financial interests in property. There can be significant consequences for any error. Please consider seeking legal representation.

Olinda99

This is definitely outside the competence of an ordinary person so my recommendation is to find a local solicitor, take the the deeds to them and ask them to register the property.

RAS

So the big question is "was probate issued for her husband's death?" Check the Probate Registry gov.uk site and download for a few quid. Think it might have risen to £3 now. Start in the year of his death and then check at least the next 5 years.

If it wasn't granted, then you'll need to obtain that before you can sell the house, or organise first registration.