Many properties in England and Wales are registered at HM Land Registry, but some are not. Here at Winston Solicitors, we can deal with the conveyancing of both registered and unregistered properties, whether you are buying or selling.
How to sell an unregistered property
- You will need to let us know where the unregistered deeds are. If the property is in mortgage, they should be with the lender. If the property is not in mortgage, the deeds may be with another firm of solicitors/conveyancers.
- If you do not know where the deeds are, you will need to find out who last held them. If they were held by a firm of solicitors/conveyancers, we can write to that firm to see whether they still hold the deeds.
- If the deeds cannot be found, we can obtain copies of any documents from the archives to the former West Riding Deeds Registry. This process can be costly.
- We will forward copies of the relevant deeds to your buyer’s solicitors/conveyancers with the draft contract and other papers.
- Your buyer’s solicitors/conveyancers will check the title and will raise any relevant queries.
If you are buying an unregistered property
- We will check the title documents supplied by your seller’s solicitors/conveyancers and will raise any relevant queries.
- If any documents are missing, we will asking for missing information indemnity insurance.
- We will register your title at HM Land Registry after completion.
Are there extra costs when dealing with unregistered properties?
The Land Registry fee for “first registrations” is twice as much as their fee for dealing with registered titles. The Land Registry normally takes longer to complete “first registration” applications than applications relating to titles that are already registered.
There is more legal work involved in selling or buying an unregistered property. We charge a supplement to reflect this.
Stamp Duty Land Tax (SDLT) could be payable depending on the purchase price. See our Stamp Duty Land Tax (SDLT) calculator for a guide to this.
With all property transactions it is important to have a will to reflect your wishes.