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Land Registry questions

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  • Barter
    Barter Posts: 593
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    Tom99 wrote: »
    When I bought the seller paid for the policy. It won't be that much so don't make a big deal of it.

    Any idea of a ball-park figure?
  • moneysense123 - an RX2 is used to modify or disapply a restriction so we would need to consider the supporting evidence submitted and posisbly/probably write to the restrictioner.

    The devil is always in the detail but invariably the applicaiton will take time and would not, in my experience, be done in in a few days which seems to be the suggested timeframe

    If the seller's solicitor have submitted it then they should be able to find out timescales/action taken for you. If we do contact a third party then the minimum time allowed for any reply is often 15 working days

    PS - sorry for slow response to your query. Hopefully the caseworker will be considering it far quicker than I managed

    Thank you very much for your reply. Unfortunately we seem stuck now and the sellers solicitors are not the most proactive!! The land registry kindly responded and advised that portford homes who put the restriction in place was taken over by another company called green belt. The land registry advised that the solicitor should go to the builders to provide a certificate to remove it. The builders have said they were aware of the covenant from a house sale on the same street last year which was lifted for that house but they have no interest in this one and said the solicitors need to go back to the land registry to remove it. I am not entirely confident the sellers solicitors are pushing this and we are now in month 5 since we sold and our buyer is getting impatient. Is there anyway we could chase with the land registry? Also the original RX2is with the land registry- if the new builders have sent that response can the land registry lift it and how long would it take.
    Many thanks in advance
  • Land_Registry
    Land_Registry Posts: 5,755
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    Thank you very much for your reply. Unfortunately we seem stuck now and the sellers solicitors are not the most proactive!! The land registry kindly responded and advised that portford homes who put the restriction in place was taken over by another company called green belt. The land registry advised that the solicitor should go to the builders to provide a certificate to remove it. The builders have said they were aware of the covenant from a house sale on the same street last year which was lifted for that house but they have no interest in this one and said the solicitors need to go back to the land registry to remove it. I am not entirely confident the sellers solicitors are pushing this and we are now in month 5 since we sold and our buyer is getting impatient. Is there anyway we could chase with the land registry? Also the original RX2is with the land registry- if the new builders have sent that response can the land registry lift it and how long would it take.
    Many thanks in advance

    The response and timescales remain the same as posted previously. The key appears to be the need to orovide evidence that the now benefiting party have no interest in enforcing the restriction.

    You need to also bear in mind that an RX2 will not remove it so the same issue may impact when they wish to sell for example although I appreciate that is not your real concern. But it's interesting that they have referred to removing it but the application is to disapply it. Two different things.

    The key for me woukd be what evidence have you got re interest now with new company and how have they demonstrated that it's not something they want applied here or removed altogether.
    Official Company Representative
    I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
  • Thank you very much for such a quick response. Following this move we hope not to move again but if we do does this mean the same process will have to be followed by potential new buyers to disapply if for them also?

    So am I right in thinking that what needs to Happen is the new building company have to provide sufficient evidence to the land registry so you can disapply it? If so if there a way that we can check the progress with this as I’m really worried our buyer is going to pull out as he’s been waiting for us to move into this property since September. Many thanks
  • Land_Registry
    Land_Registry Posts: 5,755
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    Thank you very much for such a quick response. Following this move we hope not to move again but if we do does this mean the same process will have to be followed by potential new buyers to disapply if for them also?

    So am I right in thinking that what needs to Happen is the new building company have to provide sufficient evidence to the land registry so you can disapply it? If so if there a way that we can check the progress with this as I’m really worried our buyer is going to pull out as he’s been waiting for us to move into this property since September. Many thanks

    Correct. And you can use our online contact form to query progress
    Official Company Representative
    I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
  • Hi there. I am buying a property. It transpires theres a small boundary issue with a neighbour requiring a TP1 to correct. That’s been submitted by to the LR Portal by the Vendors Solicitor, inc plans done by a RICS Surveyor. There is no mortgage lender on either side, or security over the property and no dispute with neighbours / vendors re whats needed.


    The ‘problem’ is its protracted and we have to await approval. The Solicitor is trying to expedite but theres no guarantee. One option is to Exchange (and possibly Complete) with the TP1 open and approval pending. As the buyer is there a 'risk' of proceeding to Exchange if the TP1 is still awaiting Land Registry approval? Thanks in advance to anyone who may offer a view.
  • Land_Registry
    Land_Registry Posts: 5,755
    First Anniversary Name Dropper First Post
    Organisation Representative
    Plough2018 wrote: »
    Hi there. I am buying a property. It transpires theres a small boundary issue with a neighbour requiring a TP1 to correct. That’s been submitted by to the LR Portal by the Vendors Solicitor, inc plans done by a RICS Surveyor. There is no mortgage lender on either side, or security over the property and no dispute with neighbours / vendors re whats needed.


    The ‘problem’ is its protracted and we have to await approval. The Solicitor is trying to expedite but theres no guarantee. One option is to Exchange (and possibly Complete) with the TP1 open and approval pending. As the buyer is there a 'risk' of proceeding to Exchange if the TP1 is still awaiting Land Registry approval? Thanks in advance to anyone who may offer a view.

    Plough2018 - there's always a risk and if you did exchange/complete invariably a conveyancer would be seeking an undertaking from the seller's conveyancer that they would resolve any issues that may arise on the TP1 application

    So there is no simple answer to this re the risk as it will be up to your conveyancer to decide how they wish to operate on it and advise you.

    I should add that providing there is a confirmed sale/purchase and the TP1 solicitor lodges those details and askes for expedition I would not expect us to refuse.

    Expedition normally means it is considered within 10 working days and if all is in order it is completed. The key is whether it is all in order and the conveyancer, when asking for an undertaking, would be thinking the same thing.

    Using an RICS surveyor is a good thing as often issues arise over the quality of the plans submitted particularly where a small bit of land is involved. If the plan is good enough then that should negate the need for us to visit and carry out our own survey. Where we have to that can add an extra delay (2 weeks max usually if again all in order) to the process
    Official Company Representative
    I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
  • Hi there. Thanks for the quick reply.


    To clarify, the Vendors Solicitor submitted the TP1. Both Solicitors, Vendors and neighbour agree with whats needed. We're happy too. Its not been done 'DIY'. There is however significant pressure on the chain, hence we have to consider Exchanging (and possibly Completing) - to do so, there will be a 'best endeavours' clause added to contract. What we're 'worried' about are the possible issues that may arise. We can't see what or why but our Solicitor has said things happen. We have to take a view, hence my question. Any additional thoughts appreciated!
  • Land_Registry
    Land_Registry Posts: 5,755
    First Anniversary Name Dropper First Post
    Organisation Representative
    Plough2018 wrote: »
    Hi there. Thanks for the quick reply.


    To clarify, the Vendors Solicitor submitted the TP1. Both Solicitors, Vendors and neighbour agree with whats needed. We're happy too. Its not been done 'DIY'. There is however significant pressure on the chain, hence we have to consider Exchanging (and possibly Completing) - to do so, there will be a 'best endeavours' clause added to contract. What we're 'worried' about are the possible issues that may arise. We can't see what or why but our Solicitor has said things happen. We have to take a view, hence my question. Any additional thoughts appreciated!

    Understood but unsure why there is anything additional I can usefully add.

    Your Q was 'As the buyer is there a 'risk' of proceeding to Exchange if the TP1 is still awaiting Land Registry approval?' - my answer was yes as like your solicitor has already explained 'things happen'.

    If you are asking what things then I think it's best your solicitor explains as it they who are magaing the risk for you and they will have their own experiences of what can happen.
    Official Company Representative
    I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
  • Hi
    We are currently in the process of selling our house. Just before Christmas our buyers solicitor picked up that our deeds didn’t state anything about a small portion of our bedroom overhanging a passageway inbetween our house and our neighbour.
    We are in a terrace and our neighbours and our bedrooms meet in the middle over the top of the shared passageway. However the solicitors will not accept indemnity insurance for the ‘flying freehold’
    After speaking to my neighbour we have come to realise their deeds do explain this, I have taken this to my local council who the house was originally bought from and they have said they will draft up a clause to add to my deeds. Just wondering if anybody has had anything like this happen to them and how long did it take as our council won’t give us any sort of time frame as they say they have never come across this before.
    Also who is in the wrong here would I be able to go for the solicitor who bought me the house in the first place or the council for not writing our deeds up correctly?
    Any information or knowledge of this appreciated
    Thanks Georgie
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