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PJH09
PJH09, Barrister
Category: UK Law
Satisfied Customers: 42
Experience:  Barrister with 10 years experience in property law and some family law.
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We are currently buying a house which is unregistered as the

Resolved Question:

We are currently buying a house which is unregistered as the person has lived in it for so long. The whole process has come to a standstill because our solicitor says that the vendor's solicitor should register the land prior to completion. However, the vendor's solicitor is saying that this is not the way it works and that we should register the property after completion based on the info in the deeds.
Our solicitor is advising us that this is risky and that we shouldn't proceed on this basis.
However, our vendor is saying he will put the house back on the market if we don't go ahead and register ourselves, after completion.
We don't know what to do as although we don't want our chain to collapse, we also don't want to be in a situation where there is problems registering afterwards. Also, we are led to believe that it will be between £200-£400 to register the land. THis is also a cost I don't know if we should incur?

Could you advise who should register the land, also what are the risks involved and how much it will cost if we do it ourselves.
(It is a 1930's semi with standard back garden so I cant imagine there will be major issues over boundaries etc)

Thanks
Submitted: 6 years ago.
Category: UK Law
Expert:  PJH09 replied 6 years ago.

What your solicitor is telling you seems very unusual. Having done conveyancing for over 10 years it is usual practice that if you are acting for a purchaser who is buying a property that is unregistered, the vendors solicitors send the title deeds and documents to your solicitor and he will check that all are in order, he will require the deeds to go back 15 years for him to be able to register the property. He will also do a search to ensure that there are no charges against the property. Your solicitor will know on checking the title to the property if it is all in order and with regards XXXXX XXXXX there should be plans with the title deeds outlining the boundary to the property which you can check yourself.

 

It is usual practice that when you have completed your purchase the property will be registered at the Land Registry by your solicitor which will be at the same time that it is registered into your name. The cost of the registration depends on the value of the property and this could range between £200 to £400 and this is a cost that the purchaser bares not the vendor.

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