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My father owned land in Somerset and London. Unfortunately

Customer Question
My father owned land in...
My father owned land in Somerset and London. Unfortunately when my father died my mother did not have probate done, so the land was not put into her name. My mother has recently passed away, and I understand that neither pieces of land have been registered. Could you please tell me how I would do this. My brother and I are executors of the will.

Thank you XXXXX
Submitted: 6 years ago.Category: UK Property Law
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Answered in 1 minute by:
7/5/2011
Solicitor: Thomas, Lawyer replied 6 years ago
Thomas
Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7,635
Experience: BA (Hons), PgDip, Practising Solicitor
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Hi
Thanks for your question.
To enable me to answer your question could you please respond to the following:-
1. I note you have said you have already tried a solicitor – what did they say?
Kind regards.
Tom
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Customer reply replied 6 years ago

They have said that as far as the land in London is concerned, this is held by trustees, and the solicitors have made a search at the Land Registry and found that the title to the property has not been registered.

 

The problem is they will not give me a price for registering this and the land at Somerset.

 

Barbara Boardman

Solicitor: Thomas, Lawyer replied 6 years ago
Hi Barbara,

Thanks for your reply.

In order to have a registered piece of land registered you must produce evidence of the chain of ownership of the property through earlier conveyances/assents/grants of probate.

You would start by producing a “root of title” at least 15 years old (eg a conveyance) and then showing how the ownership has changed from this date to the present day by producing any other relevant documents (eg. Conveyance or assent). You would also have to produce evidence of earlier mortgages and their repayment, as well as check the stamp duty liability on earlier transactions has been paid.

The chain of ownership would be evidenced in an epitome of title which is then submitted to the land registry using their Form FR1 and submitting the appropriate fee according to their fee scale (usually around £200.00).

The documents can be quite baffling for lay persons because they are usually quite old and it would be best to instruct a conveyancing solicitor to collate the documentation and prepare the FR1 application.

You should focus on obtaining the earlier conveyances/asssets/grants of probate and other anciallary documentation relating to the land. Your father must have kept them somewhere, perhaps in a safe place at home or with solicitors that he had earlier instructed (maybe when he bought the property) or possibly with a mortgage company with whom he had a mortgage in respect of the land.

Once you have these you should take them to the solicitors and ask for a quoted fixed fee for applying to register the respective pieces of land. It should not be that expensive if you have a good root of title and the supporting documentation, probably around £300-500+ VAT.

If this has been useful please kindly click accept so that I may be rewarded for my time. If you do not click accept your money stays with the site and I do not receive any credit for the time I have taken to answer your question.

I will answer your follow up questions you may have.

Kind regards,


Tom
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Customer reply replied 6 years ago

The land in London and Somerset has been in my fathers name since the 1960's when he purchased it. I believe the solicitor has the deeds to both pieces of land, am I within my rights to ask them to give them to me.

 

Barbara

Solicitor: Thomas, Lawyer replied 6 years ago
Hi,

You will need to produce evidence that you are the executor of his estate (eg. grant of probate or will) but, yes, once you have done this then you will be entitled to receive them.

I trust this clarifies and should be grateful if you would click accept.

Kind regards,

Tom
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Customer reply replied 6 years ago

One more question. As my brother is also executor of the will, will I have to have his permission to obtain the documentation mentioned?

 

Barbara

Solicitor: Thomas, Lawyer replied 6 years ago

Barbara

 

Yes, they will likely require that he is involved as well. They will probably require him to verify his identity and produce a letter of authority.

 

If you have instructed solicitors to act on your behalf to get the grant then you should consider referring them to the solicitor who has the deeds.


Please click accept.


Kind regards,


Tpm

Thomas
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