problems with getting my property registered to the land registry

pasquale83

Folks,

need your input on some issues I am facing with registering to the Land Registry the property I've purchased in 2015.

Basically my solicitor doesn't reply to the LR queries and the application stays on hold (application submiitted on Aug, 2015)

Just today I came aware of queries that have been submitted to my solicitor on July and he didn't reply yet to.


Any idea how I can avoid all this troubles and get my property regitered?

Thank you for your help!

Get another Solicitor!

pasquale83

Deleted User wrote: »

Get another Solicitor!

well, I've paid for this and he has to do the job

Paulw

Contact the Law Society and see if they can assist with getting your solicitor to complete the task.

Vim Fuego

pasquale83 wrote: »

well, I've paid for this and he has to do the job

I believe it is very tricky to change solicitors during this process. As far as I've been told, the solicitor has an obligation to the bank to complete the registration. That's assuming you have a mortgage.

All you can really do is hound your solicitor - I get the impression that solicitors always put this on the long finger. I am also chasing up a solicitor who was paid to complete registration in 2015 but we are only reaching the end of the process (I hope) now. If you have something that specifically requires the registration (e.g. you are selling the house), you might be able to use that to speed up the process.

It is extremely frustrating though, no doubt about it.

wordofwarning

Paulw wrote: »

Contact the Law Society and see if they can assist with getting your solicitor to complete the task.

This is the right recourse. Write a detailed letter to the law society with clear time lines.

pasquale83

Vim Fuego wrote: »

I believe it is very tricky to change solicitors during this process. As far as I've been told, the solicitor has an obligation to the bank to complete the registration. That's assuming you have a mortgage.

All you can really do is hound your solicitor - I get the impression that solicitors always put this on the long finger. I am also chasing up a solicitor who was paid to complete registration in 2015 but we are only reaching the end of the process (I hope) now. If you have something that specifically requires the registration (e.g. you are selling the house), you might be able to use that to speed up the process.

It is extremely frustrating though, no doubt about it.

thank you for your reply.

I've actually tried to speed up the registration as I needed to remortgage the house, but that didn't help. the solicitor doesn't reply to LR queries.

pasquale83

Folks,

just an update on this case. Last e-mail I got from my solicitor is the one below. What can I do in this case? Don't see an easy way out.

Also, if I am not able to register the property due to below, what does this involve? How can I prove the house is mine?

Dear Sir,



I received your email of even date.



We are endeavouring to deal with the Land Registry raised sometime ago which involves obtaining a document through the Sellers Solicitors which document the Land Registry are looking for. We have been in touch with those Solicitors on several occasions requesting the document and todate we have not received same. We are now writing yet again to them to produce the document to satisfy the Land Registry query. We cannot put the matter any further at this stage.



Regards

pasquale83

pasquale83 wrote: »

Folks,

just an update on this case. Last e-mail I got from my solicitor is the one below. What can I do in this case? Don't see an easy way out.

Also, if I am not able to register the property due to below, what does this involve? How can I prove the house is mine?

I presume he should have got that document before he allowed you to close on the sale.?

I would go straight to Law Society as you cant be expected to wade into a dispute between solicitors.

This is an example of what irritates me about solicitors; they write a letter and forget abut the issue until somebody shakes them up. And then they just write another letter. What about picking up the phone and chasing up exactly what has happened with the doc, as anybody in another job would do? oh no, not done.

pasquale83

Deleted User wrote: »

I presume he should have got that document before he allowed you to close on the sale.?

I would go straight to Law Society as you cant be expected to wade into a dispute between solicitors.

This is an example of what irritates me about solicitors; they write a letter and forget abut the issue until somebody shakes them up. And then they just write another letter. What about picking up the phone and chasing up exactly what has happened with the doc, as anybody in another job would do? oh no, not done.

OK thank I'll try to contact them. But in the case this is taking long time, if my house is not regitered to the LR what this implies?

Claw Hammer

pasquale83 wrote: »

Folks,

just an update on this case. Last e-mail I got from my solicitor is the one below. What can I do in this case? Don't see an easy way out.

Also, if I am not able to register the property due to below, what does this involve? How can I prove the house is mine?

Ask for copies of letters to the other solicitor.

pasquale83

Claw Hammer wrote: »

Ask for copies of letters to the other solicitor.

you mean the contract and paperwork I signed to get the house?

Cuddlesworth

pasquale83 wrote: »

you mean the contract and paperwork I signed to get the house?

Yes, your solicitor was supposed to do their due diligence and make sure all paperwork was correct before signing. That's not a fault on the other party, its his fault.

Claw Hammer

pasquale83 wrote: »

you mean the contract and paperwork I signed to get the house?

No. The letters they are claiming they are sending to deal with registering the title.

Mrs Shuttleworth

pasquale83 wrote: »

Folks,

need your input on some issues I am facing with registering to the Land Registry the property I've purchased in 2015.

Basically my solicitor doesn't reply to the LR queries and the application stays on hold (application submiitted on Aug, 2015)

Just today I came aware of queries that have been submitted to my solicitor on July and he didn't reply yet to.


Any idea how I can avoid all this troubles and get my property regitered?

Thank you for your help!

OP your solicitor is not necessarily negligent here and some of the responses here aren't comprehensive.

The Land Registry (Property Registration Authority) frequently raise queries on title when a property is being registered that could not be foreseen by either the vendor or purchasers solicitor when completing the sale.

The Vendor these days gives an undertaking on closing to assist with registration queries that arise for a number of years after the sale. If what your own solicitor is telling you is correct then the Vendor can be sued and the Vendor's solicitor reported to the Law Society and disciplined for not complying with your solicitor.

It would be helpful if you could find out what the queries actually are. It sounds like the Land Registry wants clarification of some issue relating to the previous ownership possibly involving a charge or burden arising from a head lease that wouldn't be evident on your title documents.

Mrs Shuttleworth

Mrs Shuttleworth wrote: »

OP your solicitor is not necessarily negligent here and some of the responses here aren't comprehensive.

The Land Registry (Property Registration Authority) frequently raise queries on title when a property is being registered that could not be foreseen by either the vendor or purchasers solicitor when completing the sale.

The Vendor these days gives an undertaking on closing to assist with registration queries that arise for a number of years after the sale. If what your own solicitor is telling you is correct then the Vendor can be sued and the Vendor's solicitor reported to the Law Society and disciplined for not complying with your solicitor.

It would be helpful if you could find out what the queries actually are. It sounds like the Land Registry wants clarification of some issue relating to the previous ownership possibly involving a charge or burden arising from a head lease that wouldn't be evident on your title documents.

Agree with this. After building a new house next to ours, the farmer approached us with a problem that had surfaced. The aerial views of our property didn’t match the original maps. Basically, our ditch was a meter further our side and this needed be rectified before they could draw down the final installment of their mortgage. Our house is over 100 years old. All we had to do was sign over the meter to them. We could have been awkward and looked for payment but chose not to.

pasquale83

Mrs Shuttleworth wrote: »

OP your solicitor is not necessarily negligent here and some of the responses here aren't comprehensive.

The Land Registry (Property Registration Authority) frequently raise queries on title when a property is being registered that could not be foreseen by either the vendor or purchasers solicitor when completing the sale.

The Vendor these days gives an undertaking on closing to assist with registration queries that arise for a number of years after the sale. If what your own solicitor is telling you is correct then the Vendor can be sued and the Vendor's solicitor reported to the Law Society and disciplined for not complying with your solicitor.

It would be helpful if you could find out what the queries actually are. It sounds like the Land Registry wants clarification of some issue relating to the previous ownership possibly involving a charge or burden arising from a head lease that wouldn't be evident on your title documents.

Thank you for the extensive reply.

I've just asked the Land Registry what the queries are - lets see if they can provide them. If not will follow up with my solicitor.

Also, not sure if going ahead with the Law Society complaint form. If the problem is really with the Vendor's solicitor than it might make things worst. But at the same time don't see any other way of getting things moving forward

Claw Hammer

pasquale83 wrote: »

Thank you for the extensive reply.

I've just asked the Land Registry what the queries are - lets see if they can provide them. If not will follow up with my solicitor.

Also, not sure if going ahead with the Law Society complaint form. If the problem is really with the Vendor's solicitor than it might make things worst. But at the same time don't see any other way of getting things moving forward

How do you know which solicitor is the cause of the whole thing? Until you see copies of letters going to the other solicitor asking what is going on, you should assume that your own solicitor is sitting on it and doing nothing.

pasquale83

Claw Hammer wrote: »

How do you know which solicitor is the cause of the whole thing? Until you see copies of letters going to the other solicitor asking what is going on, you should assume that your own solicitor is sitting on it and doing nothing.

I've requested the comms and details on the documents the Land Registry is looking for and no reply from my Solcitor.

I don't know which solicitor is the cause of the delay, but I know for sure that I have to deal with my solicitor and if he doesn't reply to me and if he is not the cause of the problem, well then he can explain the Law Society the whole story and they will make clear where the responsibilities are.

pasquale83

Also, does someone know if an hypothetical sale of the house will be blocked if I don't have it registered under my name?

pasquale83

pasquale83 wrote: »

Also, does someone know if an hypothetical sale of the house will be blocked if I don't have it registered under my name?

Not blocked, but depending on the issue, you could be at a disadvantage as the only interested parties might be brave cash buyers.

pasquale83

I finally got copy of the post exchange between my solicitor, seller solicitor and Land Registry.

Looks like that there is only one pending reply. The Land Registry need the Power of Attorney granted to someone on behalf of the company that built the estate in 2002. They are requesting it to a third solicitor that is not replying.

Not sure how to proceed: my plan is trying to contact this solicitor and the company and see if I can get them send the PoA to my solicitor or to the Land Registry directly.

Problem is that this document is 15 year old (I guess) and the company went into NAMA during the recession...looks like is now reborn with a different name...

pasquale83

pasquale83 wrote: »

I finally got copy of the post exchange between my solicitor, seller solicitor and Land Registry.

Looks like that there is only one pending reply. The Land Registry need the Power of Attorney granted to someone on behalf of the company that built the estate in 2002. They are requesting it to a third solicitor that is not replying.

Not sure how to proceed: my plan is trying to contact this solicitor and the company and see if I can get them send the PoA to my solicitor or to the Land Registry directly.

Problem is that this document is 15 year old (I guess) and the company went into NAMA during the recession...looks like is now reborn with a different name...

Two things occur to me

1. 2002... Even if the power of attorney didnt exist, adverse posession would apply by now...

2. the estate... the exact same requirements should apply to every house transaction in the estate since 2002. If nobody has been able to provide the PoA in the past 15 yrs, then you can safely conclude thats it never existed.
On the other hand, if land registry have accepted something for the other transactions, the should accept the same for you.
Would be worth contacting them to ask what they have done for the other cases...
Of course, you solicitor should have done this already, so maybe ask him/her....

blueythebear

Deleted User wrote: »

Two things occur to me

1. 2002... Even if the power of attorney didnt exist, adverse posession would apply by now...

2. the estate... the exact same requirements should apply to every house transaction in the estate since 2002. If nobody has been able to provide the PoA in the past 15 yrs, then you can safely conclude thats it never existed.
On the other hand, if land registry have accepted something for the other transactions, the should accept the same for you.
Would be worth contacting them to ask what they have done for the other cases...
Of course, you solicitor should have done this already, so maybe ask him/her....

Forget about adverse possession. It's not relevant here.

The reference to previous purchases are relevant here as there is likely to be a copy of the Power of Attorney floating around from other people purchasing in the estate. Your solicitor could contact other firms that have acted on behalf of purchasers in the estate to see if they could get a copy.

This is not necessarily an urgent issue at present unless you want to deal with the property. If you do not wish to make a complaint about your solicitor, presuming you bought the property with a mortgage, it might be of assistance to contact your mortgage provider. Your solicitor will have given a solicitors undertaking to your mortgage provider to register you as the owner of the property and to register the Banks' mortgage. The Bank will put pressure on your solicitor to comply with his undertaking and the Bank will be in a much better position to light a fire under your solicitor than you.

pasquale83

OK folks, just to give you an update on this as it can be useful info for someone as well

Wrote the law firm who made the PoA 15 years ago forwarding on the email exchange between solicitors and Land Registry. Asked them to provide that paperwork and to contact me or my Solicitor.

Today I got an email from my solicitor saying that they received all missing documentation and sent it on to the Land Registry. So looks like my action worked! Maybe I should be paid for this...

Anyway, hope it will be quick now. Thank you all for your help!

Well done!

But you really shouldnt have had to intervene like this. I hope you get a reduction in your bill for the poor service.