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    • G_M
    • By G_M 4th Sep 17, 11:11 AM
    • 41,985 Posts
    • 48,599 Thanks
    G_M
    Land Registry, would you be kind enough to post a reply to this post explaining how to get the current Land registry state of a property?

    I have a feeling that it'll turn out that the proper transfers either on death or in dealing with the estate of the deceased father weren't done and it'll be critical to know the ownership structure before the death and now to check the CGT situation.
    Originally posted by jamesd
    Not sure why you're so concerned about someone else's problem - they've already been referred to the LR in that tread.

    It's primarily a CGT issue, which the LR won't be able to help with.

    Likewise, LR almost certainly won't know the respective shares of the 3 joint owners.
    • remembermee
    • By remembermee 4th Sep 17, 11:42 AM
    • 59 Posts
    • 23 Thanks
    remembermee
    I have a question.

    We are currently in the process of buying our freehold. We're at the point now where prices are agreed and everything is handed over to the solicitor.
    It is now that we have been told that when Bellway sold their interest in the lease (the headlease) to Adriatic this transaction was not registered with Land Registry. Apparently they have not even applied to do this yet (Adriatic bought nearly 2 years ago).

    How long does it take for this kind of transaction to take place once Adriatic and Bellway have actually started the transfer process?
  • jamesd
    Not sure why you're so concerned about someone else's problem - they've already been referred to the LR in that tread.

    It's primarily a CGT issue, which the LR won't be able to help with.

    Likewise, LR almost certainly won't know the respective shares of the 3 joint owners.
    Originally posted by G_M
    A Land Registry representative can point them in the direction of the way to get the checks they would need and help with any questions. They don't seem very familiar with that sort of thing and I expect them to appreciate both the initial introduction and the opportunity to ask any followup questions they have about what they see there.

    I could have referred them to this topic but that would split the discussion so it seemed more helpful to see whether the Land Registry rep was willing to respond int he original place.

    My concern about someone else's problem is the same concern that's prompted many of the posts I've made here: trying to help others.
    • joop
    • By joop 5th Sep 17, 11:26 AM
    • 139 Posts
    • 287 Thanks
    joop
    joop the Unilateral notice (UN) relates to the 2007 Agreement so is a separate interest. The planning process is not directly linked to the registration process so I can't see why the new application would directly affect the UN

    A more pertinent question would be is the 2007 Agreement now defunct in some way and the UN should be removed?
    Originally posted by Land Registry
    Thank you for your reply, how would I get the UN removed? And the Housing Association as beneficiary?
  • Land Registry
    Thank you for your reply, how would I get the UN removed? And the Housing Association as beneficiary?
    Originally posted by joop
    The two entries go together. Our PG 19 explains in section 2.8 how to apply to remove the entries
    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"
    • WelshKitty85
    • By WelshKitty85 7th Sep 17, 8:54 PM
    • 642 Posts
    • 5,758 Thanks
    WelshKitty85
    It doesn't sound like a routine application so assessing a wait time is very difficult.
    I woukd suggest that the lodging solicitor gets in touch with us with details of the onward sale and ask us to expedite the process.
    If it can be done without having to notify any affected parties then the wait time can be a lot shorter.
    Originally posted by Land Registry
    The sellers solicitor won't contact land registry again as "the last email received from HMLR was very terse"! I understand that the neighbours lodged the application and that the sellers solicitor have sent a letter of support to say they consent. These were done about 2 1/2 weeks ago. Can you give any idea of timescale? We have completed on our sale but have no idea when we can expect to complete on the purchase.
    Battling my final debt:
    Credit card - £4844.62(Dec 16) £2835.02
  • Land Registry
    The sellers solicitor won't contact land registry again as "the last email received from HMLR was very terse"! I understand that the neighbours lodged the application and that the sellers solicitor have sent a letter of support to say they consent. These were done about 2 1/2 weeks ago. Can you give any idea of timescale? We have completed on our sale but have no idea when we can expect to complete on the purchase.
    Originally posted by WelshKitty85
    Contact us at customer.service@landregistry.co.uk and we can take a look and see what's been said and where we are at. If they got a 'terse' response it would be interesting to see why also
    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"
    • wardylad
    • By wardylad 8th Sep 17, 9:24 AM
    • 2 Posts
    • 0 Thanks
    wardylad
    Change of name
    Hi,


    I need to update my wife's name on the land register. After getting married her name has changed to a double barrelled surname i.e combining her surname and my surname. E.g. Mary Ann Jones and Scott Smith married and Mary's full name which now appears on her passport is: Mary Ann Jones-Smith.


    When submitting form AP1 (application to change the register) can I submit a certified copy of our marriage certificate as proof of change of name? Will this suffice?


    Thanks
    • LeonRefresh
    • By LeonRefresh 8th Sep 17, 9:42 AM
    • 3 Posts
    • 0 Thanks
    LeonRefresh
    Second Home Land Tax/Gifting property to family
    Hi,

    I'm hoping for some advice around 2nd home stamp duty/Land tax (Scotland Freehold).

    At the moment I own a flat outright mortgage free 60k approx value. I intend on buying a new main residence at a value of 190k.

    I would stand to have to pay substantial 2nd home land tax on the new property (£6k almost) unless I dispose of my original main residence.

    My question is - I really want to keep the flat in the family and was intending on gifting it to my mum who already has a rental portfolio of 3 houses, this will be added to bolster her retirement income. As this will be a gift I will not be receiving any funds in exchange for the flat (simply amending the title deeds/landregistry and handing them over) will there be any Land Tax payable by my mum? I presume not as this is based upon the purchase price? I will be staying in the flat rent free until I move to my new main residence. I would retain it in my name and let her manage it and keep the income if it wasn't for the Land Tax!!

    I will have no financial interest in the flat any more so presume no implications for me in terms of second home land tax when I exchange on my new property? Also presume that no capital gains would be due as no profit turned/Flat was main residence?

    Hope there is relevant information here for anyone to tell me if there is anything glaring here that could land me in trouble - intentions aren't underhand but I can see it might look like some sort of avoidance if it was looked at through a cynical eye!!
  • Land Registry
    Hi,
    I need to update my wife's name on the land register. After getting married her name has changed to a double barrelled surname i.e combining her surname and my surname. E.g. Mary Ann Jones and Scott Smith married and Mary's full name which now appears on her passport is: Mary Ann Jones-Smith.

    When submitting form AP1 (application to change the register) can I submit a certified copy of our marriage certificate as proof of change of name? Will this suffice?
    Originally posted by wardylad
    That should be sufficient but you will have to make it clear, covering letter, that she is using the double-barrelled surname. The marriage certificate will make it clear how the name is derived
    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"
  • Land Registry
    Hi,
    I'm hoping for some advice around 2nd home stamp duty/Land tax (Scotland Freehold).
    Originally posted by LeonRefresh
    This thread deals with Land Registry (England & Wales) posts so we can't help.

    I'm sure others may post to advise but you may find it easier posting on a wider MSE thread
    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"
    • WelshKitty85
    • By WelshKitty85 8th Sep 17, 11:10 AM
    • 642 Posts
    • 5,758 Thanks
    WelshKitty85
    Contact us at customer.service@landregistry.co.uk and we can take a look and see what's been said and where we are at. If they got a 'terse' response it would be interesting to see why also
    Originally posted by Land Registry
    Thanks. I've emailed.
    Last edited by WelshKitty85; 08-09-2017 at 11:21 AM.
    Battling my final debt:
    Credit card - £4844.62(Dec 16) £2835.02
    • WelshKitty85
    • By WelshKitty85 8th Sep 17, 1:09 PM
    • 642 Posts
    • 5,758 Thanks
    WelshKitty85
    I've had a response already and it was not at all terse!
    Thanks for your help.
    Battling my final debt:
    Credit card - £4844.62(Dec 16) £2835.02
    • Haybarn
    • By Haybarn 10th Sep 17, 7:40 PM
    • 7 Posts
    • 5 Thanks
    Haybarn
    Solving Boundary Dispute
    I have a boundary dispute, developer fenced off more land than shown on TP1 and my LR plan when he bought land from my House Title (500 square metres extra taken). Costing me money to resolve, am pensioner and may soon run out. Up to date OS map shows physical boundary clearly not where TP1 and my House Title plan show legal boundary. My House Title is in my wife & my name, can I transfer disputed land to myself using a TP1 and AP1 with OS maps and refer it to original transfer? I can then sell my House Title disclosing that I had a dispute but that the disputed section of land has now been removed from my House Title. Developer would then have to settle with me in order for him to get legal Title to disputed land. I would not get possession of disputed land but I would still have the paper title to it. My solicitor has written to developer and he just prevaricates costing me money.
  • Land Registry
    I have a boundary dispute, developer fenced off more land than shown on TP1 and my LR plan when he bought land from my House Title (500 square metres extra taken). Costing me money to resolve, am pensioner and may soon run out. Up to date OS map shows physical boundary clearly not where TP1 and my House Title plan show legal boundary. My House Title is in my wife & my name, can I transfer disputed land to myself using a TP1 and AP1 with OS maps and refer it to original transfer? I can then sell my House Title disclosing that I had a dispute but that the disputed section of land has now been removed from my House Title. Developer would then have to settle with me in order for him to get legal Title to disputed land. I would not get possession of disputed land but I would still have the paper title to it. My solicitor has written to developer and he just prevaricates costing me money.
    Originally posted by Haybarn
    The two of you can transfer part to just one of you. If there's a mortgage in place you are likely to need you lender's consent

    Whether it's the best way to resolve the issue is one we have to leave for others, really your solicitor, to comment on
    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"
    • Lrv
    • By Lrv 11th Sep 17, 10:31 AM
    • 1 Posts
    • 0 Thanks
    Lrv
    Planning permission
    Can the councils still agree a change of use to a business if the deeds have a covenant saying no business use.
    Thanks
  • Land Registry
    Can the councils still agree a change of use to a business if the deeds have a covenant saying no business use.
    Thanks
    Originally posted by Lrv
    Lrv - a council's restricitons on use are quite separate from a restrictive covenant for example. So in effect yes.

    A covenant is imposed for the benefit of land so the covenant would be imposed by the legal owner(s) if any identified benefiting land/property

    The simplest example of this is where a parcel of land is developed and the builder sells off each plot and imposes such a covenant. The benefiting land/property is the land the builder owned. In essence the other 9 plots then have the benefit of the covenant

    If you are looking to try and enforce a breach of such a covenanys you will need to identify the benefiting land and then get legal advice as to how to enforce it. That is a legal matter and not a registration one
    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"
    • pernes
    • By pernes 12th Sep 17, 9:22 PM
    • 223 Posts
    • 10 Thanks
    pernes
    Freehold sold query
    Hi, I have downloaded the schedule of lease titles for the block of flats and garages. The flat was sold with share of freehold, the flat and garage have separate leases. Looking at the documents it appears that two garage leases were sold by residents, then two years on the freehold for these garages was sold. I am trying to confirm who would have had permission to agree to the freehold sale as all residents own a share of the freehold?

    Many thanks
  • Land Registry
    Hi, I have downloaded the schedule of lease titles for the block of flats and garages. The flat was sold with share of freehold, the flat and garage have separate leases. Looking at the documents it appears that two garage leases were sold by residents, then two years on the freehold for these garages was sold. I am trying to confirm who would have had permission to agree to the freehold sale as all residents own a share of the freehold?

    Many thanks
    Originally posted by pernes
    Pernes - it starts with who is registered as the freehold owner - if for example their is Residents Assoc to which all the leaseholders are shareholders then it starts with the Res Assoc and how it can conduct buesiness. This is often the same as a company, namely there will be authorised signatories such as Director/Secretary

    If actual individual leaseholders are registered as freeholders collectively then all the named individuals would then need to complete the Transfer

    'Permission' can be something quite different though but the starting point re the actual transfer of ownership would be the legal deed, TR1/TP1, and work back from there with regards who completed it and then ask them re what permission they had to make the transfer
    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"
    • pernes
    • By pernes 13th Sep 17, 2:15 PM
    • 223 Posts
    • 10 Thanks
    pernes
    Pernes - it starts with who is registered as the freehold owner - if for example their is Residents Assoc to which all the leaseholders are shareholders then it starts with the Res Assoc and how it can conduct buesiness. This is often the same as a company, namely there will be authorised signatories such as Director/Secretary

    If actual individual leaseholders are registered as freeholders collectively then all the named individuals would then need to complete the Transfer

    'Permission' can be something quite different though but the starting point re the actual transfer of ownership would be the legal deed, TR1/TP1, and work back from there with regards who completed it and then ask them re what permission they had to make the transfer
    Originally posted by Land Registry
    Thanks for the reply. How can I download a copy of the completed TR1/TP1 for this transaction showing the sale?
    All residents own a share of the freehold and registered as shareholders in the company.
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