Land Registry Issue

[susanxx]

My parents bought their home in 1993.  Mum is now in a care home and her house must be sold to cover costs.  It now transpires that the house is not registered with the land registry. i understand that non registration is normal for properties sold between 40 and 50 years ago, however this sale was only 30 years ago.  Are the solicitors who did the conveyancing at fault and should I contact them regarding this failing?

[Buenchico]

Compulsory registration came into effect on 1 December 1990. 

So, at the very least, it would be worth raising a query with the solicitors' firm (if it still exists, of course!)

[Peter Pedant]

Since 1 December 1990, the whole of England and Wales has been subject to compulsory registration. This requires registration of a conveyance of a freehold estate, a grant of a lease of more than 21 years, and an assignment of leasehold land with more than 21 years to run.

[Peter Pedant]

why ?  tell a solicitor or licensed conveyancer that the house has to be sold and let him get on with it

the only time I have told a solicitor to get his arriss into gear was when he had NOT completed transfer of title ( excuse me?) - to me and it was the bankrupt sale of a criminal's proceeds

( yeah and the G-men thought it still belonged to him, and were yelling gimme gimme gimme, thro my letter box)

[The Builder]

More important Susan, is to get the sale going. You will need the physical Title Deeds. They should be amongst your parent's belongings or lodged in the solicitor's vault. If the solicitor ceased trading, then the Deeds will have been returned to your parents.

[Hymie]

Before agreeing to sell the house and hand over the money, you might like to check whether the house is not included in the financial assessment (known as property disregard) – see the link below.
 

You might also like to consider whether your mother qualifies for NHS continuing healthcare funding – where the NHS pays 100% of care costs.

But when my late mother was assessed for NHS continuous healthcare funding (she was immobile/bedridden), but still judged by NHS staff as not qualifying.
The company in the link below appears to offer an independent assessment – and might have helped my mother qualifying for 100% of her care costs.
 

https://www.independentage.org/get-advice/health-and-care/paying-for-care/do-i-have-to-sell-my-home-to-pay-for-residential-care

https://continuing-healthcare.co.uk/?gad_source=1&;gclid=Cj0KCQiA6vaqBhCbARIsACF9M6mV6Z9nqErloZ2gQNPn5DhKCwR0kNIdK1xTjN7O-cwLluicFG-JvDEaAsayEALw_wcB

[susanxx]

thank you to all who have answered, it has been very useful.