1/3 house on unregisted land - only bought 2008

Missladycakes

Registered User
Messages
31
I have an issue about first registration. I purchased a house in 2008. This year I listed it for sale and went sale agreed. I hired a solicitor and when she got the folio she found out that the back of the house, garden and garage wasn't registered on the folio.

After several trips, continuous emails and months waiting on PRAI to get back to me they have sent a letter stating the mapping is correct and the land at the back would be required to go through first time registration. I contacted the conveyancing solicitor whom sold me the house and he became very hostile and told me to contact him via a solicitor as he needs to protect himself. I was only looking for help with the matter. Can't report it as it's been over 5 years. (That is so unfair)

I have no money, my house was sale agreed and now I can't sell. I was just trying to downsize.

Has anyone any idea what I can do that is cost effective, can I register myself as I can't afford a solicitor?

On a side note, I paid the solicitor for any paperwork he had on the property at the beginning of the year (before I found out). I found several copies of my folio from various different dates, but one was signed and dated in 2009 that CLEARLY showed 1/3 of my property wasn't on the folio. Wouldn't it have been his job to inform me of this?
The previous owners built an extension on to the unregistered land, how could this have been allowed?

Please, please help

Any questions and I will answer them
 

Missladycakes

Registered User
Messages
31
I asked the county council how does someone manage to get permission to build on unregistered land? One piece of their reply was "The applicant(s) submit an application form, on which they declare that, to the best of their knowledge and belief, the information given in this form is correct and accurate and fully compliant with the Planning & Development Act 2000 as amended, and the Regulations made thereunder. "

Seriously, that's it. So you can't get permission to section a piece of land off so a sibling can build on it but you can build on unregistered land with a declaration. Something is wrong here.
 

Fidgety

Registered User
Messages
102
I’m sorry that you have to go through this stress. You might find a solicitor who would help sort out the registry as part of the sale of the house. In that way, you wouldn’t have to pay the fees upfront and you can get the matter resolved.
 

cremeegg

Frequent Poster
Messages
3,350
This type of issue is not uncommon. It happened with my own parents house sale some years ago. After some to-ing and fro-ing they got it resolved.

You need to focus on getting it sorted. I doubt it is something you could do yourself. Fidgety's suggestion that a solicitor might deal with it as part of the overall sale seems like a good idea.
 
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