why would a solicitor request a folio number when selling a property?

catrionakitty

does anyone know why a solicitor would be searching for a folio number when a sale is near completion? does this mean they dont have the deeds or proper papers to sell?

EdgarAllenPoo

I may be wrong (and to be honest land law wasn't my strong point this year) but I think it's usually done to make sure the person selling the land actually has a right to sell it and that nobody else has a valid claim to it which would either render the sale void or leave the potential purchaser open to a case from a potential claimant.

catrionakitty

i believe your correct there,
what should i do next?
should i move a caravan their or what??
am afraid the potential buyer will resort to every dirty trick they can to cheat us out of this


thanks

Tails142

you either have title to the land or you dont, whether you have a caravan on it or not wont make a difference

dats_right

catrionakitty wrote: »

does anyone know why a solicitor would be searching for a folio number when a sale is near completion?

As you know legal advice is prohibited on this forum, however, your query doesn't really make any sense in the absence of further details. e.g. What exactly do you mean when you say searching for a folio number? Have contracts been exchanged? For whom is the solicitor acting (vendor/purchaser)? Because quite frankly a sale of a property would not be able to proceed to 'near completion' without both the purchaser's and vendor's solicitor knowing and exchanging full details regarding folio, which in practice would be done by sending certified copy Folio and File plan of relevant property to purchaser's solicitor along with contracts and most certainly before any legally binding agreement had been entered.

I am guessing that somehow you are slightly mistaken OP in what you are actually asking. It could be that the purchaser's solicitor said he/she is going to order 'searches' , which would include a Land Registry Folio search for advere dealings, etc., and you misunderstood, this would be normal conveyancing practice and is not a search for a folio number per se. Alternatively, if the solicitor is now only searching for a folio number, well then the sale is nowhere near an advanced stage, at least legally speaking, and there will be much work still to do.

catrionakitty wrote: »

does this mean they dont have the deeds or proper papers to sell?

Very unlikely. More likely you have misunderstood as I've explained above. But in the absence of further and better information it is impossible to know.

catrionakitty

hi again
its the sellers solicitor that is looking for the folio number.,
this number belongs to me, not the seller, the seller who in turn promised although verbally that he would return the property to me after his death, has now gone back on his word we have several witnesses to this fact, if i dont hand over the folio number can they still sell the property which only has a right of way by a walk through no road access or parking,
dont want to be mean but he's trying to financialy cripple me

dats_right

As a general principle one cannot sell what they don't own. However, much depends on:
a) Who the actual registered owner of the folio in question is because the register (i.e. the Folio) is conclusive evidence of title i.e. ownership to property and any right, privilege, appurtenance or burden appearing thereon. Essentially this means that the registered owner and if vendor is deceased the vendor's leal personal representative i.e. Executor/Administrator are entitled to sell the property. But, if the vendor is not the registered owner then;
b) the question may arise as to how or what title the vendor or his estate claim to possess and whether the vendor/his estate are asserting adverse possession and thereby extinguishing the registered owners rights in relation to the land i.e. squatters rights over the land.

Agreements/contracts in relation to land must be evidenced in writing in order to be enforceable, so as a general principle any oral assurances/promises are not legally enforceable. However, there are certain very limited exceptions to this rule but they are far too complex to go into any detail here. Furthermore, the land register (Folios) are public records and can be inspected, on payment of a small fee, by any member of the public so the vendor will still be in a position to establish the correct folio number with or without your assistance.

OP, I don't understand the significance of the right of way issue nor do I understand how this whole sitaution arose and without having full and comprehensive details of every aspect of this situation it would be foolish for anybody to advise you, but it certainly sounds like it has the potential to be a very complicated sitaution. By your own admission they (whoever they might be) are 'trying to financially cripple' you, this is obviously of enormous importance and significance to you and it therefore of absolutely critical importance that you don't rely on my or anybody else on this forums advices in relation to this matter; and that you make an appointment to meet with your solicitor to discuss these matters as soon as possible. Your solicitor will be able to offer you full and comprehensive advice in relation to these important matters.

catrionakitty

catrionakitty wrote: »

hi again
its the sellers solicitor that is looking for the folio number.,
this number belongs to me, not the seller, the seller who in turn promised although verbally that he would return the property to me after his death, has now gone back on his word we have several witnesses to this fact, if i dont hand over the folio number can they still sell the property which only has a right of way by a walk through no road access or parking,
dont want to be mean but he's trying to financialy cripple me

The folio number relates to the property.
Who is the Current full registered owner of the folio as stated on the folio? Is it the seller as mentioned by you above or you yourself?

If you are not the registered owner as stated on the folio deed,or you don't have a current valid charge or any right registered on it in your name,then you have no lien on the property in any way and certainly no say in it's sale.
In that case it's not yours.Verbal assurances are meaningless.

Are you the full registered owner,have you ever seen the folio? If not why not? where are the deeds kept? Knowing the folio number is not the same as owning the folio or having the folio deed in your possession.

Andi123

THis is not intended to be legal advice however in order to sell property which is registered in the land registry , the seller need to have a folio number , this can be either given by the seller or if he does not know the folio number , the solictor can do a land registry search to identify all property registered to the seller.

If you are not the registered owner then you need to seek legal advice from your solicitor , if you are the equitable owner of the property.