Title Plan in developer's name and not current owner

We are currently in the process of purchasing a property reference Title No. CYM787268 (documents attached) and are becoming increasingly concerned that the sale of our current property and the purchase of the above referenced property are now going to fall through. The Title Register for this property shows the developer's name and not the current owner who has lived in the property since 2021. Our solicitor is telling us that she is unable to carry out the Local Authority search and proceed further without the official Title deed and a clear boundary Plan. The seller's solicitor is saying that he has expedited the registration, 3 (?) weeks ago and this matter is in hand, but the Register of Title is still not available and as of today's date still shows the developer as the registered owner. It's our understanding a registration can be expedited if otherwise it would put the sale of the property at risk and can take approximately 10 working days to process if the appropriate information has been presented with the application. We would like a confirmation please that the registration has been expedited and is currently in progress and whether there are any outstanding issues required to be resolved in order to complete it. As above we feel the sale and purchase are going to fall through if the registration is not going to be resolved imminently. As also suggested above the current owner has owned this property for 3 years. Any advice to assist us in resolving this matter would be greatly appreciated.

Pamela - The application has been expedited but is being delayed due to a prior applications on the developer's title. 

I am checking with the processing team on what's happening and will update you once I hear from them. 

CYM880834

 

Thanks Nimish,

are you able to expand upon what you mean by a prior application on the developer's title. Our Memorandum of Sale went through on the 31st May this year, and we've only today had sight of the TP1 application.  Our solicitor indicated this morning that the original application had been cancelled and another submitted, but we don't know when.

You've made reference to CYM880834 but the reference we have on the title register accessed on 10th June was CYM787268, as per our original attachments.

Pamela - The title CYM787268 is the developer's title from which your property is being transferred out / removed, and captured for registration under a new title number CYM880834.  The application was submitted on 18 December 2023. 

The reference to 'prior application' means other applications submitted against the developer's title before yours.  These include the ones for registration of other properties in the development. 

The statutes that govern us require that we process applications in the priority order that they are submitted to us. This is to ensure that any rights granted on a prior application are then reflected against the subsequent applications. 

When we approve to expedite an application in such situations, if there is a work-around by which we can process a later application out of order, then we will look into adopting that to assist the customer.  If there is no workaround, then we aim to hasten the prior applications. 
 

 

Nimish, thank you for explaining the protocol for dealing with the applications, we await to hear from you further once you have had an update from the processing team

Pamela - I have just had an update from the processing team.  Unfortunately, the application will still be held up because of a prior application which involves registering some easements.  That application affects the property that you are interested in purchasing and so there is no work-around to it. 
 

Thank you for your update. Please keep us informed of any further progress.

Is there any further update on this please?

Pamela - nothing further to update on but we have reached out to the casework team again to see if matters can be hastened at all

Is there any further update on this please?

Pamela - not as yet. The casework team are trying to move the prior applications on to enable the plot purchase to be processed. We will update you when we have something concrete to share
CYM787268 

Pamela - CYM880834 (Number 10) has now been registered under it's new title. Hopefully that means matters can proceed for you