Recently one of our client’s was asking if her grandmother could sell her house which she has owned for over 30 years if it was not registered at the Land Registry because her purchaser’s solicitor were requesting that her grandmother actually registers her house herself before selling it on to their client.
In this case it will be the grandmother’s original deeds that will prove she is the owner and her solicitors should prepare an epitome of title, which is basically a list of these deeds.
The grandmother’s solicitors will then send copies of all the documents listed on the epitome to the buyer’s solicitors who will check them all to ensure that your grandmother is in fact the owner and is entitled to sell to their client.
They will also check for any restrictive covenants and easements such as rights of way etc. As soon as the purchase has been completed they will receive from your grandmother’s solicitors the original deeds and will have to make an application to the Land Registry for first registration of title.
If for any reason it turns out that the grandmother’s title to the property was registered, her solicitors would obtain from the Land Registry an official copy of the Register of Title and Title Plan and send that to the buyer’s solicitors.