Although most Conveyancing in Leicester is conducted without difficulty, problems do sometimes arise if land has not been registered, or has only been registered with a possessory title. However, Conveyancing Solicitors are able to take steps so that clients will be protected when buying an affected property and it is rare to find a problem that cannot be sorted out.
But when Conveyancer Jaaine Intharajah was acting on behalf of Mr and Mrs N in 2010 on the acquisition of a bungalow on Durnford Road, Wigston, Leicester, LE18, she found that the seller appeared to have no legal title at all. Since the central part of carrying out Conveyancing in Leicester is to make sure that the person conveying a home actually owns it, there was obviously a major problem.
The seller’s Property Lawyers, Lawson West of 241 Uppingham Road, Leicester LE5 4DG, informed Jaaine that the bungalow was still unregistered. It was owned by an elderly lady who had to go into a residential care home, and her son had a power of attorney to act on her behalf.
Searches and enquiries had failed to discover the whereabouts of the original deeds, so the transfer could not go ahead as matters stood. Jaaine was mindful of the fact that if the purchase went through she would have to apply for first registration, which would be impossible without any proof of the vendor’s title.
After discussions with the land registry’s Leicester office at Westbridge Place, Leicester LE3 5DR the Solicitors agreed that they would have to apply on the basis that the owner had been in occupation for many years. The lady was able to provide a statutory declaration confirming such details as she could remember about her acquisition, and confirmed that she had lived there for more than 12 years and that no-one else had disputed her right to occupy the premises.
An application was then sent to the registry, which they looked at very promptly. After a few days they completed the registration, however they could only agree to do so with a possessory title as no deeds or other legal evidence of ownership was available.
In view of the possibility that someone else could come along and claim possession Jaaine had to ask for the vendor to pay for an appropriate indemnity insurance policy, which would indemnify the buyers against any loss or expenses in the event of any such claim.
Although at first it seemed that there would be considerable delays on this Conveyancing in Leicester but thanks to the proactive attitude of the land registry Jaaine brought the purchase to a successful conclusion.
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