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Buachaill, Barrister
Category: UK Property Law
Satisfied Customers: 10115
Experience:  Barrister 17 years experience
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In 2009 I purchased a new build leasehold flat outright with

Customer Question

In 2009 I purchased a new build leasehold flat outright with an offer of two weeks to exchange contracts. I put the title into my sons name with Belways building company who at a later date wanted to purchase the property off me for what I paid for it. He has remained in the flat since this time but has no intention of now taking full ownership. I omitted to register the property with the land registry so in October 2015 my son and I visited Plymouth and completed the necessary forms to register and transfer the property over to myself.
Two years later Belways sold the land to Aviva.
I have just received a letter from the Land Registry which states the following.
It appears that the lease is by the prior registered proprietor of the landlords title and as a result under section 29 of the Land Registration Act 2002 the interest of the current registered proprietor of the landlord title may have priority over the lease dated 14th July 2009 so that the lease may not be capable of completion by registration .
Unless you are able to show that it is more likely that not that the lease binds the registered estate in the parent title, the application will be cancelled under the rule 16(3) of the land registration rules 2002 on the ground that it is defective.
Please therefore confirm whether the lease does bind the registered estate in the landlord’s title whether as an overriding interest (section 28 and 29 and paragraph 2 of schedule 3 land registration Act 2002) because the tenant was in actual occupation of the premises at the time of the disposition of the landlords title and none of the exceptions in the said schedule 3 LRA 2002 apply or otherwise
The question is what do I need to do or what information do I require to obtain, to satisfy the Land Registry? Or do I really need to go and see a solicitor.
Submitted: 6 months ago.
Category: UK Property Law
Expert:  Buachaill replied 6 months ago.
1. Dear Derek, here you need to claim that the landlord's disposition of his interest is not binding on you because you (or your son) was in occupation at the time of the assignment of the landlord's interest (from Belways to Aviva) and no exception applies. You can seek to do this yourself. However, I would suggest you get a solicitor to help you as litigation often results from this type of situation. It was a mistake to delay registration of your interest for so long. It would have been more prudent to register the interest at the outset. Be aware that Belways have sought to effectively set your interest at nought. So, for this reason, I would suggest you see a solicitor and get them to help you with the completion of registration of your leasehold interest.
Expert:  Buachaill replied 6 months ago.
2. Please Rate the Answer as unless you Rate the answer your Expert will receive no payment for answering your Question so there is no incentive to answer any further Questions.
Customer: replied 6 months ago.
Thank you for your response. I very much appreciate that i should have registered the lease into my sons name at the time which is why we made a personal visit to the land registry in Plymouth. Why it took them so long to get back to me i don't know? in any event what would a solicitor do that i or my son (who is dyslexic) can't do. I was seeking advice on how to do it myself i do have all the paperwork at home together with a copy of papers on disk provided by Belway.s. i have proof that my son has lived there since 2009. ie voters register, utilities bills, etc etc.
if you're able to help then i suppose i will have to go to a solicitor as i cannot find anyone who can tell me what is required so that i can make an informed decision on my next course of action.
Expert:  Buachaill replied 6 months ago.
3. Of course you can do it yourself!! There is nothing better and no one better than doing it yourself. However, the only reason I would suggest a solicitor is that you must now consider litigation if things don't go your way. It is for that reason, I have suggested you use a solicitor. Because, if things don't work out, then you already have someone on hand to litigate your case
Customer: replied 6 months ago.
Buachaill. Well i knew if the online legal team could not assist me i would eventually need to see a solicitor so thanks for the chat you haven't told me any more than i already knew. the only thing i don't know is how is a solicitor going to help me. Never mind it was my fault for not registering so i will accept the consequences. i will now go and find one.
Have a good evening.
Expert:  Buachaill replied 6 months ago.
4. Derek, I must say how much I have enjoyed working for you and providing the solution to your conundrum. I only hope Belways show you the same goodness and kindness you have shown me in all your dealings with me. Best of everything.
Customer: replied 6 months ago.
i am receiving emails to rate you. Well i would rate you if you provided me with information i wanted. To advise me to go to a solicitor with no good explanation as to what he/she would do that i can't as a layman would have been better. sorry we have wasted both our time. i didn't learn anything which i didn't already know. so i won't be rating you unless you want a one star.
nice chat though

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