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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33319
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Hi - My father died in December 2013 and we (my sister and

Customer Question

Hi - My father died in December 2013 and we (my sister and I) are looking to sell the house that he owned outright. We have submitted all of the required Probate forms and are awaiting an appointment to sign an oath for the Grant of Representation.
We were aware that we will need to transfer the house into our names via the Land Registry but have now found that because of the time of the original mortgage (1969) and because it was never then sold or re-mortgaged it was never registered with Land Registry!
I have spoken with LR and they have advised that we need to make a First Registration application but I do not know whether we put in for registration in our names, as the legal owner has died, or whether we put in a retrospective registration in my fathers names and then transfer this once the Title Deeds are received.
Any help would be most gratefully appreciated as we are at a total loss!!
Many many thanks in advance.

Mr R Craigie
Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.
Hi,

Thank you for your question and welcome.

My name is AJ and I will assist you.

I am sorry to hear of your loss.

As this is an event of first registration and you are the successors in title, the registration should be in the name of the executors of your father's estate, if the distribution has not occurred yet. Who are the executors?

I would strongly advise you ask a local solicitor to make the application for you for the following reasons:
1. - When you sell the property you will give an implied Covenant that you sell the property with full title guarantee under the Law of Property Act 1994 - breach of this covenant because you have not registered the land correctly may cause you to pay damages;
2. If the land is not registered correctly it will delay the conveyance;
3. A solicitor has indemnity insurance and if anything goes wrong you will have the comfort of being able to claim against that insurance.

I look forward to hearing from you.

Kind regards

AJ

Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare and I will do my best to help you
In fact there is no need for you to Register the Property prior to the sale
You can simply sell it as Unregistered Land - there is NO legal requirement to Register it first.
As executors you sell with limited Title Guarantee and the purchasers solicitor will simply deal with the first Registration when he Registers the purchasers as the new owner
Please ask if you need further details
Clare
Customer: replied 2 years ago.
Hi - thanks so much for that.

So am I right in thinking that all WE actually need to sell the house legally is The Grant of Representation from the Probate Office??

Many thanks in advance.

R. S. Craigie
Expert:  Clare replied 2 years ago.
Hi
You are exactly right
Clare

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