Overcoming complex Land Registry and insolvency issues to complete a house sale

a row of houses, property conveyancing

Author

Anne Elliss, executive partner at Tees Law, expert in residential conveyancing and leasehold property.

Executive Partner

What we achieved

  • Successfully resolved a complex Land Registry issue that prevented the property from being sold.
  • Reconstructed critical legal documentation after the client’s previous solicitors’ firm was intervened in by the SRA.
  • Successfully challenged and removed an Insolvency Agency claim against the property.
  • Secured registration of the property into the client’s sole name.
  • Enabled the house sale to proceed to legal completion within weeks of resolving the issues.

A house sale is often more complex than expected. Our clients rely on our expertise to navigate whatever issues arise in their conveyancing transaction, whether anticipated or not. This case study demonstrates how we supported one of our clients in completing their sale despite a series of unique, unforeseen, and multi-disciplinary complexities.

 

The challenge

A returning Tees client came to us with a problem. They intended to sell their house, but the firm they had previously instructed to transfer the property into their sole name, in accordance with a court order, had been intervened in before the transfer could be registered at the Land Registry.

Matters were complicated further when, shortly after we were instructed, the Insolvency Agency lodged its own application against the property as a result of insolvency proceedings against the joint proprietor, someone who should no longer have been listed on the property register at all.

 

Our response

Working with the firm appointed by the SRA to handle the intervention, we obtained access to our client’s old Transfer of Equity file and pieced together the documentation needed to prove that the property rightfully belonged in their sole name.

Drawing on the expertise of Tees’ Litigation team, we prepared and submitted an objection to the Insolvency Agency’s claim at the Land Registry. The claim was swiftly withdrawn.

The evidence we presented to the Land Registry in support of our client’s transfer of equity was also successful and the property was duly registered in their sole name.

 

The outcome

With these hurdles overcome, our client’s house sale was able to progress like any other and legal completion took place a few weeks later, allowing our client to finally put the matter behind them.

Giving you the full picture

Speak to one of our property conveyancing specialists for advice tailored to your circumstances.

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