Not every property transaction is straightforward, and the ones that are not tend to involve older houses, land, or titles that have never been registered. These are exactly the properties where instructing a local conveyancing solicitor can make a practical difference, because the issues that arise are often specific to the area and to the way land has been held and passed on over generations.
To speak to our experts please call us on 028 2766 6698 or Make An Online Enquiry.
What is an unregistered title and why does it matter?
Northern Ireland has two systems of land records. Registered land is listed at the Land Registry, where each property has a folio number, a map of its boundaries, and a state guarantee of the title. Unregistered land is dealt with through the Registry of Deeds, which records documents affecting property without guaranteeing ownership.
With an unregistered title, the solicitor must trace ownership through the chain of historical deeds and satisfy themselves that the seller holds a good and marketable title. That takes time and judgement. Compulsory first registration has applied throughout Northern Ireland since 2003, so properties move onto the register as they change hands, but a considerable number of homes here have not been sold in decades and remain unregistered. Older town houses, farmhouses, and land holdings fall into this category more often than modern estate properties.
What can complicate an older title?
Several features turn up regularly in older Northern Irish titles and need to be dealt with properly. Ground rents and fee farm grants are among the most common, and a buyer will want to know what is payable, to whom, and whether it can be redeemed. Old covenants may restrict how the property is used or what can be built on it.
Boundaries described in nineteenth or early twentieth century deeds can be vague by modern standards, referring to features that have long since gone. Where a property has been divided over the years, perhaps when land was sold off or a site was given to a family member, the paperwork does not always reflect the reality of what happened. Identifying these points early is far preferable to discovering them when a transaction is well advanced.
Which questions matter on a rural property?
Properties located outside towns raise their own set of issues. Many are not connected to mains drainage and rely on a septic tank or treatment plant, so it is necessary to confirm that the system serves the property, sits within its boundaries, and has the consents it requires. Some homes depend on a private water supply rather than the mains, which is another matter to check.
Where a house is reached along a lane or track that is not maintained by the authorities, the buyer needs a proper right of way rather than an informal arrangement that has simply been tolerated, along with clarity about who is responsible for upkeep. Where agricultural land forms part of the sale, there may be questions about entitlements, grazing arrangements, or conditions attached to previous grants.
How do you check that work on a house was approved?
Buyers routinely ask for evidence that alterations were carried out with the necessary approvals. An extension, a converted garage, a conservatory or a replacement roof may all require building control approval, and planning permission may have been needed as well.
On older properties, it is not unusual to find work that was done many years ago with no surviving record. Missing paperwork can usually be remedied, but it takes time to arrange, so the sooner the gap is identified the better. Experienced solicitors like ours will know what is likely to satisfy a buyer’s solicitor and a lender, and what is likely to cause a problem.
How does local experience benefit you?
A firm that handles the same kinds of properties week after week builds up knowledge that is hard to acquire any other way. We deal with the Land Registry and the Registry of Deeds regularly, we are familiar with the older housing stock in and around Ballymoney, and with the rural properties in the surrounding countryside. We know the issues that arise in connection with each and how to resolve them.
If you are buying or selling a property that may not be entirely routine, it is worth speaking to a local conveyancing solicitor early, before an offer is agreed if possible. LMK Law acts for clients across County Antrim from our office in Ballymoney.
To speak to our experts please call us on 028 2766 6698 or Make An Online Enquiry.