Checking a title on Unregistered property
Askews Legal LLP are a firm of Solicitors based in Coventry who can help you with a stress-free move.
If you are planning to sell or buy an unregistered property, our team here at Askews will provide you with all the information you need. To give you a heads-up on the process involved for unregistered property, we have prepared an article to assist you.
Unregistered property means the property that is not yet registered with the Land Registry; as in the case of a registered property, there won’t be an office copy for unregistered land. The title deeds relating to unregistered property will be held by the owner. Each time the property would change hands, a Conveyance would be drafted to be added to the title deeds. This bundle of documents would pass on from owner to owner, as the property changes hands.
Investigating the unregistered title begins with obtaining the ‘Search Index Map’ to make sure that no part of the land is registered or has a caution registered against it. A Map Search should be carried out to ascertain the extent of the property and to confirm the boundaries with the plan provided in the title deeds.
The deeds and documents relating to the property would be listed in an ‘Epitome of Title’. It is a schedule of documents in chronological order showing the unbroken chain of ownership from the Root of the Title to the current owner. It is necessary to establish a Root of title. A good root of title should be at least be 15 years old, should have property description, rights, covenants and obligations. If the root of title refers to another deed or plan, which could potentially affect the title, then this will also need to be obtained. Such documents are known as pre-root documents.
Once the root is established, the chain of ownership needs to be checked. Transfer of property from one owner to another up until the present day needs to be verified. In the case of deceased owners, the chain of ownership needs to show the transfer of property to personal representatives evidenced by a Grant of Probate.
The deed will also have documents known as Legal Charges for the mortgages taken out by the owners. It is important to check that all the mortgages since the root of title have been paid off. This can be ascertained by checking the ‘vacating receipt’ in the Epitome of Title. The lender confirms the mortgage has been paid off by adding a note at the end of the Legal Charge.
We need to ensure that all the conveyances are legally executed and the stamp duty has been paid. This can be verified by checking the Land Registry and Inland Revenue stamps on the document.
The Epitome of Title will also have Land Charges Searches. Each owner will need to be searched against the period of their ownership along with the searches on personal representatives as well.
If you are thinking of selling or buying a property which is unregistered or wish to apply for voluntary registration, please contact the Residential Conveyancing Team at Askews Legal LLP in Coventry. Click here to visit our conveyancing webpage on our website: https://www.askewslegal.co/services/commercial-conveyancing/
