Cannot sell my house due to lack of maps and land registry title

[Johnno75]

Your problem is not uncommon and easily rectified (barring any unusual title issues). I had this issue when selling an apartment in 2019 which I had purchased in 2003.

When I purchased in 2003, the title to my apartment was registered in the Registry of Deeds. By 2019, when the property was being sold, a new law had come in requiring the property to be registered in the Land Registry (aka Property Registration Authority).

Land Registry title registration is a far superior form of title than Registry of Deeds registration and is more standardised in terms of maps, title deeds, transfers etc.

It looks like the purchaser (and their bank) here is tending toward requiring you to register your title in the Land Registry before they’ll buy it. This is, I understand, the way it’s done. (After all, why would a purchaser go to the trouble of having to do it when they have a willing vendor who’s keen to sell who could do the registration instead?). At the very least, the purchaser will expect a Land Registry map that can be used in the registration if the purchaser is to do the first registration post sale.

You’ll need any good conveyancing Solicitor to do the “First Registration” in the Land Registry and for the Solicitor to do this, you’ll also need to engage an Engineer or some other such mapping professional to draw up a map of the property. It’s quite straightforward and costs us about €1600. The Solicitor may even recommend one for you.

You could always do nothing but any prospective purchaser will raise the same issue the next time you decide to place the property on the market.

 

[hennypenny]

When you purchased:

- where was title of the property registered
- did you get a mortgage

We purchased in 2008, old solicitor has retired and is ill, but current solicitor tells us the property was not registered until 2011 (am not sure what that means). Yes, have a huge mortgage that's now untenable. I have NO idea how we got a mortgage at our ages (then in our 50's, now in 70's) with no security attached (mad times then I suppose). I never saw any map, the deeds were with the bank.

 

[hennypenny]

Your problem is not uncommon and easily rectified (barring any unusual title issues). I had this issue when selling an apartment in 2019 which I had purchased in 2003.

When I purchased in 2003, the title to my apartment was registered in the Registry of Deeds. By 2019, when the property was being sold, a new law had come in requiring the property to be registered in the Land Registry (aka Property Registration Authority).

Land Registry title registration is a far superior form of title than Registry of Deeds registration and is more standardised in terms of maps, title deeds, transfers etc.

It looks like the purchaser (and their bank) here is tending toward requiring you to register your title in the Land Registry before they’ll buy it. This is, I understand, the way it’s done. (After all, why would a purchaser go to the trouble of having to do it when they have a willing vendor who’s keen to sell who could do the registration instead?). At the very least, the purchaser will expect a Land Registry map that can be used in the registration if the purchaser is to do the first registration post sale.

You’ll need any good conveyancing Solicitor to do the “First Registration” in the Land Registry and for the Solicitor to do this, you’ll also need to engage an Engineer or some other such mapping professional to draw up a map of the property. It’s quite straightforward and costs us about €1600. The Solicitor may even recommend one for you.

You could always do nothing but any prospective purchaser will raise the same issue the next time you decide to place the property on the market.

Many thanks Johnno75, its looking like we go back to basics all right, if we had known, we would have sorted this long ago, thanks

 

[Johnno75]

Many thanks Johnno75, its looking like we go back to basics all right, if we had known, we would have sorted this long ago, thanks

You weren’t to know in fairness. I wasn’t aware until the Purchaser’s Solicitor brought all this to our attention and the advice was to the effect that if we wanted to sell, we’d have to give the Purchaser what they needed.

 

[Bronte]

You’ll need any good conveyancing Solicitor to do the “First Registration” in the Land Registry and for the Solicitor to do this, you’ll also need to engage an Engineer or some other such mapping professional to draw up a map of the property. It’s quite straightforward and costs us about €1600. The Solicitor may even recommend one for you.

Can you confirm that one map cost €1600 ?

 

[Johnno75]

Can you confirm that one map cost €1600 ?

The maps for my apartment cost €600 plus vat if memory serves.

The Engineer had to come out to map the apartment, review the existing title maps and identify the parking space.

The other €1000 I paid was for the Solicitor and first registration costs in the Land Registry.

 

[lff12]

I apologise if I wasn't clear. We're trying to sell the house, and the lack of map/ land registry and/or boundary is holding up everything and delaying and possibly losing the sale. Neither our solicitor nor the buyers solicitor can figure it out (if THEY can't, I not sure how we can). They only 'think' that to have the neighbours sing a boundary declaration might be acceptable, but one (reluctant) neighbour has now gone on hols and is reluctant to sign anything, hence the title 'cannot sell the house' Hope this helps?

If you solicitor claims they cannot fix this then I suggest you get a more competent solicitor.
Boundary issues are part and parcel of the conveyancing process and a competent solicitor should be able to resolve for you. It just takes time and patience to work through the issues.

 

[hennypenny]

Just to update, we finally sold the house. The buyer suggested their surveyor and ours get together and agree/ sort/ draw up the boundary needed. My advice to anyone selling a house is to check this issue first. We probably lost 12,000e over the delay. However, finally free of the ferocious grip of ptsb. Would never, ever deal with that bank again. Buyer beware.

 

[Clamball]

That is great news Hennypenny. Glad you sold. I guess the lesson is to have all paperwork, deeds, boundary etc in order before putting the house up for sale. I think good advice for any family who purchased pre 2008 at least.