Land Title issue

[grantmcscott]

Over 3 years ago I purchase a piece of land in Scotland that was from and existing title and had to be separated out. I have now built a house on the land and have just found out that the title to the land is still part of the original title and not in my name.

As I now need the title add the property to the title to claim back a home energy grant for a heat pup and also I assume I can not get a residential mortgage until this is sorted.

I contacted the solicitor that did the conveyancing at the time and told me everything was complete. They have stated that they chased the land registry up a year ago and got the following response.

“I am sorry that we have been unable to process your application within the published service standard. The classification as complex is an internal RoS process that determines the type of person that deals with your application. It does not represent a problem with any aspect of your registration.”

I am pretty annoyed with the solicitors that did the conveyancing as they have never informed me of the issue and it was me that accidently found out about it.

I was wondering where do I stand on this?

[Sam101]

I believe that the solicitors may have been negligent in their action. Suggest you ask them to rectify the error at their cost or make an official complaint against the firm. T may be one of the problems that can be solved by a one off insurance, which the solicitors may be able to arrange. After all. if the solicitor was confident enough to complete the conveyance to you, then he has to back it up.

[dslippy]

You do not know what is wrong or have any suggestion that the solicitors dealt with anything badly. The Ros simply says that they are behind. How is that the fault of anyone else?

[Sam101]

The client is reliant upon the solicitor to manage the conveyance in a manner expected and it is the reason the solicitor was consulted and the solicitor accepted the appointment.

It would seem that with this particular solicitor this is not the case and as such I believe that the solicitor has failed in their duty to the client and their duty of care.

If the solicitor in question is not prepared to accept responsibility and rectify the problem then I would suggest that GRANTMCSCOTT makes a Formal Complaint to the solicitors regulatory Authority so that they can look into it. It certainly was not the fault of the client.

[Ukmicky]

The problem is at the land registry not the solicitors

[dslippy]

The solution is to ask the solicitors to ask the RoS to take it out of the queue and get it done. After this length of time they (the Registry) should be ready to agree. Threats of negligence are as yet ill conceived.