I would like to buy a particular property but am worried because the man selling it is not registered as the owner at the Lands Registry. He has shown me an original contract he made to purchase the property with the heirs who inherited it from their mother. The property is still registered in the late mother’s name. The “owner” says these relatives are at each other’s throats and never obtained a probate order after their mother’s death. Because of this, the “owner” says, he could not get transfer title to the property into his name at the Lands Registry. I want to buy the property but am worried about buying something that I might not be able to register in my name. Is there a legal solution ?
By: דיאנה שאלתיאל•Published on: 12 May, 2022There is a solution but it will take time and money. If the property is purchased from the present “owner”( a contract signed and money paid) what will actually be bought are contractual or obligatory rights, and not property rights, as title was never transferred to the present owner. Courts now recognize such rights as binding but to proceed a judgment will have to be obtained from the district court where the property is located declaring the new purchaser as the owner. After this is obtained, the new owner can register himself as such, providing any relevant taxes are paid up. To gain this judgment an inheritance order is needed saying that the relatives inherited certain rights to the property and were able to sell/pass on those rights. The best option is to seek the co-operation of these relatives, ideally getting them to sign a paper saying they have no objection to the new purchaser being registered as the owner.