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Posted Thu, 23 Nov 2023 13:58:39 GMT by Dan Baxter
Hi

We are selling my Dad's house as part of probate and have come up against an obstacle. Apparently his house isn't registered with Land Registry. On investigation, we have identified that when he bought the house 40 years ago, the address was a house name and street name ie no house number. Probably 10-15 years ago the council gave all the houses numbers and it seems that this process seems to have wiped the ability of solicitors to do a land registry search as the council didnt link the old address without house numbers to the new ones that do have house numbers. We dont want to hold up the whole house sale process by 8-12 weeks to register the property when the registration details should already be somewhere in the LR files, especially as the issue seems to been created by a (local?) government process. Any ideas or advice would be appreciated. We have all the deeds etc

 
Posted Thu, 23 Nov 2023 14:49:24 GMT by Adam Hookway
Hi Dan - registration isn't something linked to the address or changes made over the years to that postal address so I doubt if that's the issue here.
Registration is based on the date of purchase in most cases and if your late Father bought the property 40+ years ago then that's why it's unregistered I suspect.
What is the address please and I can check and confirm?
Posted Thu, 23 Nov 2023 15:15:46 GMT by Dan Baxter

Thanks . Any insight is welcome :-)
Posted Thu, 23 Nov 2023 15:50:51 GMT by Adam Hookway
Many thanks - so it's unregistered as expected as he bought before West Sussex became subject to compulsory registration in April 1986.
So if you are selling the Q is will the buyers complete on an unregistered property purchase or not and it seems the answer is a No.
So you will need to register it for the first time by applying to do so and then requesting expedition to hasten the process and keep the wait time to a minimum
Posted Thu, 23 Nov 2023 16:04:27 GMT by Dan Baxter
Ah. Everything is becoming clearer! Probate should be granted in the next couple of weeks (we applied beginning June) then we can apply to register it as per your links. 

I was looking to see if there is a rough service standard if we request expedition of the registration just so we can manage expectations of people in the housing chain.

Thanks
Posted Thu, 23 Nov 2023 16:17:34 GMT by Adam Hookway
Dan - if it's expedited then it's roughly a 2 week timeframe. Everything of course hinges on if all being in order when submitted so if you are confident that you have the right deeds and supporting evidence + probate of course then timescales can be fairly short.
But far better to manage timescales once probate obtained and application expedited as then things are progressing with just the one finish line to tackle

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