Transfer of part, does it need land registry approval before house sale

Hi,<br> <br> I am trying to buy a house, and through the process it became clear that the neighbour owned half the garden shed of the property, and has a right of access across the house's garden. The neighbour has now sold the half a shed to the owner of the house I am trying to buy.&#160;<br> <br> My solicitor insists that this must be registered and approved with the land registry before we can proceed (I believe it is a 'transfer of part'), as otherwise my mortgage lender is unlikely to release the funds for the mortgage (due to there being a pending application related to the house).<br> <br> The seller's solicitor insists that the house can be sold now, and the land registry application for the transfer of part completed later (by him), and that this is the normal way of doing things.&#160;<br> <br> Do you know who is correct in this, or which is the normal way of doing things? If the seller's solicitor is correct, what happens if he never submits the paperwork to register this with the land registry, or if there's a problem with the paperwork? It's not clear to me whether the half-a-shed sale would have transferred to me (so future issues with this could be sorted between me and the neighbour), or if it would still belong to the seller. Any help you can give would be much appreciated!&#160;

Hi Emily - it's very difficult for us to explain what's 'normal' in such scenarios as ultimately we process and register what's submitted. What happens before it reaches us is a conveyancing process and we are not directly involved so saying what's normal is beyond our remit.<br> The following may help to understand what you are being told in a little more context that kind of suggests that they are both right in a way<br> It has always been possible to link transactions in a way as to protect a purchaser before they exchange/complete. Copies of paperwork shared, undertakings given and searches completed with us all combine to ensure the 'risk' is a small one. So on the one hand the seller's solicitor is correct<br> However it's not their choice. It's your own solicitor's choice and as you are buying with a mortgage ultimately it's your lender that has the real Yes/No say here. And whether they say Yes/No often depends on the type of mortgage product you have agreed to and it's own 'risk' profile. If the product's algorithm says that there must be no pending applications then it's a No and nothing you can do to change that. A different lender or indeed a different product from the same lender might have a different algorithm that doesn't see the pending application as a risk in the same way.&#160;<br> In many ways the Qs you ask are your own 'risk assessment' as well as you've identified risks such as the what if the solicitor doesn't submit the application to register the transfer of part?&#160;The answer to that one is the land/half a shed remains as part of the title.&#160;<br> The key now is to ensure that the sellers sort the transfer of part, apply to register it, they expedite it and once done you can exchange/complete on the purchase of both the main property and the 'part'&#160;<br> There is rarely any point to try and challenge what happens next as it's your mortgage lender who has to say Yes before you can do anything&#160;<br> Please do rely on your solicitor here and hopefully things can be resolved quickly for you and your solicitor and your lender too&#160;

Thank you very much, that's really helpful.&#160;<br> <br> Are there any deadlines before which a solicitor should submit an application for registration to the land registry (for a transfer of part of an existing deed)? And are there any ramifications for the responsible solicitor if they don't?&#160;<br> <br> Many thanks again for your help, it's very helpful to understand what the potential complications are.&#160;

Emily - no deadlines of any significance and no ramifications from our end. Again very much Qs for your own solicitor to answer from a conveyancing/legal angle<br> I should stress that there are rarely any complications re such linked transactions. If the paperwork is all completed correctly and in the right order things can go relatively smoothly.<br> Complications set in if the paperwork is poorly completed as that will result in delays

OK, thanks very much for your help.&#160;