Conveyancing Solicitors in London find that seller did not own the house being sold

Although it might sound obvious, one of the first things done by Conveyancing Solicitors in London when acting for buyers is to check that the seller owns the property being sold. In fact it is quite often found that the registered owner is not the person who is selling, but there is usually a good reason why that should be.

One common occurrence is that the person named as the proprietor on the title register has died. That was the situation which Conveyancer Dawn Thomas discovered when she was representing Mr and Mrs E in 2010. They were purchasing a freehold property in Sutton, London, SM3, which they had found through Drury and Cole of 11 Tudor Drive, Morden, London SM4 4PD.

A copy of the land registry title was received from the Conveyancing Solicitors in London acting for the vendors. Dawn noted that the owner's name in the register was not the same as the seller referred to in the draft contract, and queried why that should be.  She was then informed that the house was being sold by the executor of the deceased proprietor.

Grant of Probate essential when registered owner has died

In such cases it is essential that a copy of the grant of probate is obtained. That is the formal evidence that the will has been 'proved' and that the executor is entitled to deal with the deceased person's property. Without it the land registry will not register the transfer of a property title, so Dawn asked Sherwoods to provide a certified copy.

There was a short delay as the grant had not then been received from the court, but in the meantime Dawn completed her other searches and enquiries. She was then all ready to complete once the necessary document was received, and the transfer was completed without further difficulty.

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