Unregistered property

Hello, 
My dad passed away in March, his property has been sold, probate granted. He lived their for fifty years.

It is unregistered and we have the deeds but the plan from 1973 is missing.

The seller wants me to do first registration as they argue they would only be granted possessory title. They state it would be granted in two weeks. I know this is not true as there are specific stages to go through.

Would I be granted possessory title as opposed to absolute because of the missing plan.

Any advice and clarification appreciated.

Thanks

Vicki Bird
.

Hello, <br> <br> It my haste to type, it should read, the buyer wants me the seller and executor to obtain first registration.<br> <br> Thanks

Hello Vicky - it is always difficult to be precise re such matters until we actually see the application as a whole. 
The lack of a plan need not always be significant if everything else is in order and it's clear as to which property/land is included for example
In my experience most buyers, especially those buying with a mortgage, would insist on the seller registering first to hopefully resolve any such issues and to confirm the class of title awarded also. That's especially true with a probate sale as well
I would recommend making the application, request expedition separately and then see where that takes you.
Expedition gets the case to the processing start line but does not guarantee it's registered in the 10 days mentioned - any 'faults' need to be resolved if there are any of course
Request an expedite - GOV.UK

Hello Adam,

Thanks for your reply. Would the registration be in my name or my deceased dads name. Would a new plan need to be drawn up.

Many thanks

Vicki - you would need to transfer (assent) the property to the beneficiary OR apply to register it for the first time in the name of the executor and in that capacity as appropriate. You can't register it in the name of a deceased person.
You can't draw up a new plan for an old deed 
Any application for first registration will have to 'define' the extent/property to be registered - see Preparing plans for HM Land Registry applications (PG40s2) - GOV.UK for guidance 

Hi Adam, The buyer's are seeking to make an application to register my dad's unregistered property before exchange. What implications are there for me?
thanks vicki

Hi Vicki - none from a registration perspective as the application is presumably to register you as the owner so that you have a registered title that they can then exchange/complete on.
Registration will do away with the need for the deeds and in some ways eliminate the perceived risk raised re the missing 'parts'. It's then all about having an absolute title and no other issues then arising re the purchase.
Once submitted the conveyancer needs to request expedition separately to fast-track the processing

Hi Adam, they tell me that they are making a expedited voluntarily application to register the property in their names before exchange?

Thanks vicki

Vicki - correct. They make the application first and request expedition second and separately 

Hi Adam, so is it common to do this before exchange of contracts.

Thanks vicki

Vicki - that we would not know as the timing re exchange/completion is a matter for the seller/buyer, conveyancers/lender (if any)