Land Registry

[Janbuck]

My husband wanted to know if his name was still on the title deeds of a house he owned with his first wife many years ago. We wrote to the Land Registry and they replied but we don't understand the wording on the document. It says:-

'No registered estate, caution against first registration or application for first registration or application for a caution against first registration is shown on the index map in relation to the Property'

Hope someone can help please.

[Buenchico]

If that's the only significant information on the document, then it sounds as if the property has never been registered with the Land Registry.

There are around 19 million properties, or areas of land, which are registered. If you take into account that this includes shops, factories, offices, agricultural land, etc., it should be obvious that many properties are not included on the register. Up until October, 2002 there was no compulsion for a property to be registered. Since then, it only became necessary to register the land when the property changes hands.

If the property is not registered, then the only legal record of ownership is likely to be contained within the bundle of deeds relating to the house.

I think that I've correctly interpreted the wording of the document which you've received but, for a definitive answer, you could phone the Land Registry Office for the relevant area. You can find the phone number by clicking on the appropriate link, here:
http://www.landregistry.gov.uk/regional/areas/

Chris

[Janbuck]

Buenchico Thanks for your quick answer. We hadn't realised that some properties were not registered. It least we now know his ex-wife hasn't sold the property. Thanks again for your help.

[Golden Shred]

What it actually means is that (a) the property is not yet registered, and (b) someone (presumably his ex-wife) has made an entry on the Register (a caution) stopping it from being registered until whatever is complained of is resolved. The law is that an unregistered property must be registered before it can be sold. I expect that your husbands ex has blocked your husband from registering the property in his own name alone although his may be the only name on the original deeds. Your husband will have to settle with his ex (in effect "buy out" his ex) before it can be sold otherwise it will remain in limbo.

[Janbuck]

Golden Shred, Sorry this is late - been out nearly all day with our grandson. Thanks for your answer. The thing is my husband, as far as he remembers, signed a paper about 20 odd years ago signing over his half of the property in lieu of mantainance payments for his son. We have since heard that his ex is reluctant to sell as she reckons she'll have to give some money to my husband. She has another house and rents out the one in question. She could have sold the house a couple of times as we know people have made offers but she won't. She and my husband don't talk directly except through their son sometimes. How can we find out if my husband's name is still on the deeds? If it is can we force her to sell? Thanks in advance for any help/advice.

[Golden Shred]

Hello, Jan. With an unregistered property the only way to ascertain the owner is by examination of the original deed. There is no other way at all, I'm afraid. In your case it seems unlikely that the ex has it, could it be at a bank, solicitor or mortgage lender? From what you have written it seems most likely that only your husband's name is on the document, that is why there is a caution and why the ex didn't sell when the chance arose. If the deed is truly lost there is a process with the Land Registry whereby a deed can be "reconstructed". Simple enough if the house is in a terrace or on an estate, bit messy otherwise. I suspect that your husband will have to come to some arrangement with the ex to remove the caution if it is not the intention to give her the house. A 50/50 or some other proportion tenancy in common will be the answer which would allow your husband to apply to a court for an order permitting the property to be sold should shove come to push with the ex. However, it all depends upon finding or "reconstructing" the deed. The ex will almost certainly demand to be named on the deed (as a tenancy in common) if it becomes necessary to "reconstruct" the deed.

[Janbuck]

Golden Shred, Thanks again for your advice. My husband says the house was originally in joint names, so if he DID sign over his half of the house, surely his name would have been removed? If, therefore, only his ex's name is now on the deeds why is she having trrouble selling it/having it registered? Could he be that his name was not removed and would still be on? Anyway I suppose that's up to us to find out. Thanks once again for your time and trouble.

[Golden Shred]

Well, if he had in fact opted out of joint names to make the ex sole proprietor this would have counted as a sale and it would have been legally obligatory to register the property. The law requiring that an unregistered property is registered at the next change of title has been around for a lot longer than twenty years. From what you now say is it possible that he gave the deed to the ex and that she still has it? If so, it will still be in joint names and perhaps the ex doesn't know what to do. If they owned it in a joint tenancy it is a bit of mess, as if she dies first it should all automatically come to your husband, and if your husband goes first it should all automatically go to the ex. But before anything of any sort can happen it is very necessary to first find that deed or have it "reconstructed" if it is truly lost.

[Golden Shred]

I meant to include that the fact that a caution has been attached to the property (presumably by the ex) also very strongly indicates that the deed is still in joint names. You can ask the Land Registry for full details of the caution to confirm that it is the ex (and not somebody chasing a debt) and the date it was placed may trigger a useful memory.

[Catso]

Am I misreading the question? It says 'no registered estate, caution or application is shown' IE no caution has been registered and no application for a caution has been received.

I believe this phrase means 'we have no information at all about this property'.