News3 mins ago
Land registry and property ownership
Hi, does anyone know, if an entry for a property with the Land Registry is incorrect, does this affect who is the true owner of a property? How is the owner of a property determined, must they posess the actual title deeds? Or if there are no deeds to be found will the property simply belong to the person on the land registration? If a company is on the land registry, and is then dissolved, is it illegil to not update the registration?
thanks Gwanny22
thanks Gwanny22
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If someone considers the land registry record is wrong it is up to that person to provide the necessary evidence to convince the land registry of their error. The simplest way would be to produce the deeds - which should have been provided to the land registry when the land was first registered anyway.
If there are no deeds it becomes much more difficult - especially if there is a dispute between two or more parties as to who is the rightful owner. Evidence would have to be collected to substantiate a claim, & probably formalised in a statutory declaration or affidavit. The land registry helpline should be able to give information on what sort of evidence they would want.
If a company owns land then whoever is winding it up should dispose of the land & the register would then be amended. I do not know whether it is illegal not to do this.
If there are no deeds it becomes much more difficult - especially if there is a dispute between two or more parties as to who is the rightful owner. Evidence would have to be collected to substantiate a claim, & probably formalised in a statutory declaration or affidavit. The land registry helpline should be able to give information on what sort of evidence they would want.
If a company owns land then whoever is winding it up should dispose of the land & the register would then be amended. I do not know whether it is illegal not to do this.
As far as the Land Registry is concerned, it is their record that is correct. It is possible to challenge their record, and they do accept that occasionally mistakes happen.
The link below refers you to Practice Guide 39 published by the LR. It tells you about how to challenge an incorrect property title registration. It is intended for legal folks to read so it is a bit heavy going. Section 3 tells you about how to challenge a registry entry.
http://www1.landregistry.gov.uk/assets/library /documents/lrpg039.pdf
Having read it if you want to post another question, please do. You may at that point want to phone the LR for advice - they are quite helpful and don't bite. In most cases you should be able to enter a dialogue for the LR without resorting to employing an expensive solicitor.
The link below refers you to Practice Guide 39 published by the LR. It tells you about how to challenge an incorrect property title registration. It is intended for legal folks to read so it is a bit heavy going. Section 3 tells you about how to challenge a registry entry.
http://www1.landregistry.gov.uk/assets/library /documents/lrpg039.pdf
Having read it if you want to post another question, please do. You may at that point want to phone the LR for advice - they are quite helpful and don't bite. In most cases you should be able to enter a dialogue for the LR without resorting to employing an expensive solicitor.
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