chedda wrote:I have been to the land registry they tell me everything is in order and a block is in place stopping anyone else from buying the house or selling it. However they say their hands are tied waiting for a response from the council of ministers. I think that you have guessed that i am British and i am reasonably polite and educated. The title deed thing is important to me although Cypriuts have told me it is not so important i just believe i will be eliminating any shrewd Uk buyers from my future market. Again i ask can i sell a house without title deeds being in my name if anyone else is reading this thread ? I would just understandably like to do things the correct way.
Chedda,
Just for the record, firstly you deliberately ommitted you national status (especially that of your wifes). You made out you were just waiting 2 years with no hope. If you had explained that you may have had a different response.
Regarding the EU, well, ok, I just don't see the EU getting involved as these are internal matters dealt with by the state. If there are rules to follow then they cannot be 'told off' for not acting. Timeframes are not covered in EU rules as I understand it.
Now down to your situation, firstly, if the contract of sale appears in both your and your wifes name then the title deed will also have these names. As far as I know you cannot just resubmit under a different name. When you or your solicitor deposited the original contract with the land registry, this would have provided you with specific performance meaning protecting your rights as the legal owner of that property and your seller cannot refuse to transfer the title over to you.
Now, your question, can you sell without title deeds. The answer is yes you can. It would be a case of withdrawing your original sales contract from the land registry and the buyer resubitting his.
I am guessing that you bought privately, ie not from a developer??
Because if you had bought from a developer, you would be waiting a darn sight longer than 2 years to see your deeds. remembering that when you do get the deeds there will also be transfer fees to pay.
Transfers can happen in a day, never mind 2 weeks. If you have 2 willing parties once the CGT is paid by the seller, then then land registry can be done in a day and you could pick up your deeds the next day.
I hope I have answered your question, and it was not my intention to upset you with my comment, but it was just a sarcastic remark.
Have a nice day.