Help! My property has not been registered correctly!

On purchasing a property, your ownership will be registered at the Land Registry. Unfortunately, sometimes errors in registration are made. So what can you do if you later discover that the property has been incorrectly registered? We look below at what is known as ‘title rectification’.

Spelling of names/ addresses mistakes

If your name has been spelled incorrectly on the register or your address details are incorrect, this is a relatively minor error which fortunately can be easily rectified. In most cases, the Land Registry will rectify this free of charge. If you are selling your property, your solicitor will need to attend to this prior to completing the sale. If you aren’t selling your property, it may be worth contacting the solicitor who acted for you at the time of the purchase to request that they resolve the issue.

Where there is no error, but where your name or address has changed, you can contact Land Registry. They will sort this for you free of charge.

Incorrect details of charges

Any mortgages which you have taken out on purchasing the property will be entered onto the Land Registry as charges. After registration, mortgage lenders will check that the charge has been registered correctly. In the rare event that the details of the charge are incorrect and that this has gone unnoticed, the solicitor acting for you at the time of the purchase will need to rectify this and contact all involved parties.

Incorrect purchase price

The price paid on the purchase of the property will be entered onto the title. It is important that this is correct so that when you sell the property, it is not undervalued.

If the purchase price is incorrect, an application can be submitted to the Land Registry to rectify this. It is likely that they will require further evidence in the form of a document signed by all involved parties to confirm what the purchase price was if it was different to the documents submitted to the Land Registry at the time of the purchase.

Incorrect details within documents referred to in the title

If there are any mistakes in the documents submitted to the Land Registry such as details of rights of way and restrictions which may be recent or historic, the Land Registry will not rectify the mistake. Any mistakes inherent in a document provided to the Land Registry must be submitted to the First Tier Tribunal. Should your application be successful, the Tribunal will order the Land Registry to amend the Register.

Objections

If your solicitor makes an application to amend the register and it could affect other parties, the Land Registry will firstly notify those parties. Where there are objections to your application, the Land Registry will ask the parties to attempt to resolve the matter between them. If they cannot, the Land Registry will transfer the dispute to the First Tier Tribunal who will make a decision.

In most cases, your property will be correctly registered on the completion of your purchase. If you have a query relating to title rectification, call our specialist property litigation team today on 0113 244 9931.

 

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