AGONY AUNT | Issue #3

Aunty Char’s Property Issues 

Hello everyone, 

As we come to the end of another year, I thought it would be time to reflect and look over some of the questions my dear readers have sent in regarding the HM land registry search, how to tell a property without title deeds uk, and how restrictive covenants can affect a property sale. 

Hello Aunty C,
Rachel

I have just put my home on the market and found that I cannot locate my land registry title deeds. Are these necessary to sell with? And where can I find them?

Best wishes,

Rachel
Hi Rachel,
Aunty Charlotte

First of all, don’t worry. Many homeowners misplace their title deeds uk, it’s an issue that crops up but can be easily resolved. 

You can apply for a new copy of the title deeds from the HM Land Registry. The Land Registry will often not hold the main title deeds, but scanned versions that you will be able to acquire. 

If your property is not registered with the Land Registry, then you will need to take ownership, which can be done online by filling out a FR1 form. 

Here at The Property Buying Company, we are always on hand to help. If you are selling a property with no title deeds land registry then we can help you throughout the selling journey, advising you on any questions you may have during the process. 

Kind regards,

Aunty Charlotte

If you decide that you want to go ahead with selling your house on the open market, then you must correct the title problems that you have. This is usually an expensive and lengthy process that can slow down your house-selling journey.

You will also need to be aware that you will need the help of solicitors and the Land Registry to replace or correct any issues you may have. This is not cheap and does not factor in any additional costs of paying for new title deeds.

If you want to bypass the hassle of dealing with solicitors and conveyancers, then you can always sell with The Property Buying Company. Selling to a genuine cash buyer is a way to sell your property without having to go through the hassle of filling out forms and forking out on legal fees to correct the title deeds.

Dear Aunty C,
Keith

I have recently put my home on the market, however, I am missing my original paper deeds. This means I have been granted a possessory title for the last 7 years and during this time it has not proven to be an issue. 

However, now I have put my home on the open market, I am struggling to find a buyer. Many seem to be put off by the fact that I have a land registry possessory title, rather than an absolute title, and are worried about an outside party claiming ownership of the property? 

Is there any way I can sell my house with a possessory title, or will I stay stuck in seller limbo? 

Thanks in advance,

Keith
Hi Keith,
Aunty Charlotte

Selling a house with a possessory title is more common than you think. If the HM Land Registry is unable to properly verify the owner of a property, they will grant a possessory title. This will mean that you own the title in effect, however, it will not be officially recognised. 

If you have had unchallenged ownership for 12 years or more, then the HM Land Registry may grant you a possessory title upgrade. By upgrading possessory title to an absolute title you will be offered much more security than simply a land registry possessory title alone. 

However, as you only have 7 years, this is not an option for you. An avenue that you may wish to explore is possessory title indemnity insurance. Possessory title indemnity insurance offers a layer of security, which protects the buyer and the lender should the possessory title be challenged and they have to leave the property.

If you are ready to sell your property but don’t want to wait to find a buyer, house cash buyers like ourselves will buy any house in any location and in any condition. 

Cash buyer house companies will not be bothered by title deed issues such as possessory titles, so it may be worth getting in touch, even if it's only to get a quick valuation. 

Aunty Charlotte

It is possible to sell your home with a possessory title, however, there are certain legal complications that you will need to be wary of that, unfortunately, will be unavoidable.

Cash house buyers like ourselves will be able to help you sell your home with a possessory title attached.

They buy any home, regardless of condition or location, meaning possessory titles are often not an issue.

Hi Aunty Char,
Monica

I am looking at putting my home on the market, but it is subject to restrictive covenants. These covenants have made it incredibly tricky to find a buyer, as most are put off by the nature of the covenant. 

Is there any way around this? Is it possible to sell restrictive covenants property?

Thanks for your help!

Monica
Hello Monica,
Aunty Charlotte

Restrictive covenants can be a tricky field to navigate. For my readers who may be wondering ‘what is a restrictive covenant’, allow me to elaborate. 

A property restrictive covenant is a binding condition that is typically written into a property's deeds or contract by a seller. These covenants restrict and determine what a homeowner is able to do with their land or property. 

They will typically concern alterations a homeowner can make to their property, building work that can take place and businesses operating on the land or property. 

One way you can help to ease the pressure of a covenant of a restrictive nature is through restrictive covenant indemnity insurance. This insurance is used if there has been a breach of the covenant and protects the homeowner in the event that the covenant is enforced. However, this is not always the most cost-effective option. 

If you are looking to sell your property with a restrictive covenant fast, we can help. As house cash buyers, we can purchase any property, in any location, and in any condition, even restrictive covenant property.

We have over 50 years of experience in selling homes and are able to sell your home in as little as 7 days. 

Kind regards,

Aunty Charlotte

Restrictive covenants can put you on the back foot when selling on the open market. They are not a cheap fix and can present many challenges for buyers and sellers alike.

Even the more minor covenants you come across as part of new build estates, can make life harder when it comes to securing a sale.

However, not all buyers are picky. Cash buyers (like ourselves) are happy to purchase properties regardless of condition.

Alexandra Ventress

Alexandra is a Content Producer who enjoys writing articles, finding out about the property market, keeping you up to date with the latest trends.

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