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Clare
Clare, Solicitor
Category: Property Law
Satisfied Customers: 34106
Experience:  I have been a solicitor in High Street Practise since 1985 with a wide general experience.
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Good Evening I wonder if you can advise me. I was left a

Resolved Question:

Good Evening
I wonder if you can advise me. I was left a property under a Will, the executor and I have never got on so it has been very difficult and taken a long time to sort out. The final agreement with him was that I would register with Land Registry the Transfer document his solicitor had prepared. I was fine with this and duly filed the appropriate documents in July. Land Registry had one or two queries which I answered and then I got a final letter from them saying that when the property was first registered by the Executor in 2013 he had failed to comply properly with ID requirements. As I was now the person filing the transfer this now became my problem to sort out. They gave me until 7/12.
I went through his solicitors to ask them to contact him and they would only do so if I paid their fees of £240 to complete a form ID1. I did pay this over. Nothing further has happened and Land Registry say if I don’t file the ID1 before 7/12 they will reject the transfer application and I will not be the new owner.
I am at a loss at this. When we were talking about me receiving the property I did the online check with Land Registry and downloaded the Who Owns the Property bit that clearly showed registration in 2013 by the Executor. I would have thought it should have been checked and found to be incorrect in 2013 and not visited upon me now in 2015. I did mention this to the Land Registry person who said no it was for me to deal with. If the Executor will not comply what can I do if anything.
Any suggestions on my position would be much appreciated.
Thank you
Submitted: 1 year ago.
Category: Property Law
Expert:  Clare replied 1 year ago.
JoThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstWas he the only Executor?
Customer: replied 1 year ago.

Yes only executor.

Expert:  Clare replied 1 year ago.
Hi
In that case I suggest that you write to his solicitor and point out that he is personally liable to you for the correct administration of the Estate and that if his failure to deal with the matter correctly involves you in extra costs then you will seek compensation for your losses.
Be aware that you remain the owner of the property - you just cannot deal with it until you are the Registered owner - so you will also be able to claim for any loss that the delay causes you
I hope that this is of assistance - please ask if you need further details
Clare
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