Land Registry

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apd

Registered User
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Hi,

I bought a house in sept 2005. Was just in at the land registry this morning. The man at the counter showed me the list of changes to the folio for my property since it was created. My solicitor has never changed the ownership to me. the previous owners are still the registered owners. the last chaneg was from their solicitor to say that their mortgage on this property was discharged.

what should i do?
 
I have heard that there are long delays in implementing changes in the
Land registry.
You should definitely contact your solicitor immediately and look for
proof that they have sent the change into the Land Registry.
If this has been done, try to find out what the average timelag is for
the information to be updated.
 
You only bought the house just over two months ago, is that correct? Then your solicitor might not have even lodged the application yet at the land registry. He/She might be waiting for some final closing documents, or for the deed to come back stamped from the Revenue Commissioners etc. Even when it is lodged it could take up to a year or longer to register especially if it is part of a folio.
 
I got the keys on sept 30. yes, 9-10 weeks ago.

it is very disconcerting however, as from my reading :

"A folio is conclusive evidence of the person's ownership of the property." www.lawyer.ie

so the previous owners are still owners.
 
Oh dear. Well if you got that from reading a website with the following caveat
[ Do not rely on these pages as professional advice. CONSULT a Solicitor / /QUOTE]

then it must be right, mustn't it? Sorry, I shouldn't be sarcastic, it is the lowest form of wit. I'm just weary of people automatically thinking their solicitor is wrong instead of just asking them outright if they are worried about something.

The fact is that all purchases must be stamped, regardless of whether you actually have to PAY stamp duty or not, and that alone could take up to 10 weeks or longer if there is a delay with the Revenue. Only after the deed is stamped can it be lodged with the land registry. And the land registry, a government office, has backlogs. So the reality is that it could very well take a year or longer for you to become the registered owner, but in the meantime you are the beneficial owner, and can do whatever you like with the property, including remortgaging, selling, transferring etc.
Click to expand...
 
Can I ask a few questions?

Did you just happen to be in the Land Registry (which in itself is a bit unusual) or did you go in deliberately to check? Why would you do that? Do you have a real concern about your solicitor?

Do you have a mortgage? If you do, then your solicitor has such weighty obligations to your lending institution that the chances of them "sitting" on your file are very very remote.

mf
 
Once an application is made to change the registered owner of a property, it is marked as "Dealings Pending" in the land registry, until they update the folio. It can take a couple of years i've heard.
I wouldn't lose any sleep though, i'm sure your mortgage provider has made sure it is kosher before he loaned to you.
 
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