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Posted Thu, 09 Jan 2025 09:38:32 GMT by Andrea Hawker
Hi,  We are in process of selling property of deceased parents.  The garage that is in a separate block is not land registered.  The freeholder has tried to register the garage but it was rejected as there were no deeds.
It has been suggested they apply for possessory title so it can get registered but the solicitors are saying it isn't something they can do easily.

This is delaying the sale of the property which is already over 6months for a cash buyer and I'm worried the buyer will pull out due to the delays.

Can you advise what steps can be taken in these circumstances to get the garage registered?

Thanks
Andrea
Posted Thu, 09 Jan 2025 14:35:44 GMT by Adam Hookway
Hi Andrea - applying to register land for the first time where the deeds have been lost/destroyed or by way of a claim (adverse possession) is not as complex as many might think. It relies largely on the 'facts' that can be presented and whilst putting those facts together may take some effort/time it's invariably possible to do
Clearly the sad loss of your parents adds to the effort/time perhaps needed to put those facts together also 
Our PGs 2 and 5 explain how each type of application can be made
First registration of title if deeds are lost or destroyed (PG2) - GOV.UK and
Adverse possession of (1) unregistered land and (2) registered land where a right to be registered was acquired before 13 October 2003 (PG5) - GOV.UK

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