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    • vikki400
    • By vikki400 28th Jul 17, 8:07 PM
    • 45 Posts
    • 12 Thanks
    vikki400
    • #2
    • 28th Jul 17, 8:07 PM
    • #2
    • 28th Jul 17, 8:07 PM
    Hi

    I am buying a property from my mum and aunty. They inherited it from my granddad so it is still in his name but they are the executrices. Since I obviously trust them, I didn't want to go through the rigmarole of contracts and searches and I was hoping I could just change the name on the title deeds pay the Stamp Duty and give them the money.

    Understandable, most solicitors are nervous of doing this, so I was going to fill in the forms myself. Is this allowed? From what I can tell I just need to fill in AP1 and the Stamp Duty form. Do I have to have a solicitor for this?

    Thanks

    V
    • Lurkingtoposting17
    • By Lurkingtoposting17 28th Jul 17, 9:23 PM
    • 79 Posts
    • 88 Thanks
    Lurkingtoposting17
    • #3
    • 28th Jul 17, 9:23 PM
    • #3
    • 28th Jul 17, 9:23 PM
    Hi guys

    I'm buying a property that has a right of way. All the deeds say is "the area marked in x is subject to a right of way" it doesn't specify who is the servient tenement of that right of way or if there are restrictions to that access (pass and repass etc). Will that all be in the neighbours property deeds or is there a chance it's a public right of way?

    Also if I extend the property and the access is still granted but not as per the specified path on deeds, but the path is moved, is this possible or must a change be formally documented for the plans and be accurately reflected.

    Many thanks
    • da_rule
    • By da_rule 28th Jul 17, 9:35 PM
    • 2,491 Posts
    • 2,225 Thanks
    da_rule
    • #4
    • 28th Jul 17, 9:35 PM
    • #4
    • 28th Jul 17, 9:35 PM
    Hi

    I am buying a property from my mum and aunty. They inherited it from my granddad so it is still in his name but they are the executrices. Since I obviously trust them, I didn't want to go through the rigmarole of contracts and searches and I was hoping I could just change the name on the title deeds pay the Stamp Duty and give them the money.

    Understandable, most solicitors are nervous of doing this, so I was going to fill in the forms myself. Is this allowed? From what I can tell I just need to fill in AP1 and the Stamp Duty form. Do I have to have a solicitor for this?

    Thanks

    V
    Originally posted by vikki400
    You don't need a solicitor no.

    You would need to send off the AP1, transfer deed (probably a TR1), the SDLT5 (the certificate from the HMRC in relation to stamp duty), the probable document and the relevant ID form (ID1) and identity documents.

    I don't know why a solicitor would be nervous about doing this. If you clearly instruct them to do it and as long as they tell you the risks then they aren't running any risk.
    • Owain Moneysaver
    • By Owain Moneysaver 28th Jul 17, 9:42 PM
    • 7,464 Posts
    • 7,850 Thanks
    Owain Moneysaver
    • #5
    • 28th Jul 17, 9:42 PM
    • #5
    • 28th Jul 17, 9:42 PM
    I'm buying a property that has a right of way. ...

    Also if I extend the property and the access is still granted but not as per the specified path on deeds, but the path is moved, is this possible or must a change be formally documented for the plans and be accurately reflected.
    Originally posted by Lurkingtoposting17
    If it's a public right of way then it can only be relocated by formal process involving the local council, public consultation etc. You cannot unilaterally move it just by altering the plans on the deeds.

    The existance of the right of way continues in its current location even if you build over it, so legally speaking you may have people walking through your lounge. It is also an offence to obstruct a right of way.
    A kind word lasts a minute, a skelped erse is sair for a day.
    • agrinnall
    • By agrinnall 28th Jul 17, 10:00 PM
    • 18,443 Posts
    • 14,154 Thanks
    agrinnall
    • #6
    • 28th Jul 17, 10:00 PM
    • #6
    • 28th Jul 17, 10:00 PM
    I don't really understand the purpose of this thread. LR are usually quite good at monitoring the board and responding to any thread in which there is a LR issue, so why do we need a thread in which there may be many questions asked, causing confusion over which answer relates to which question, and in which LR have yet to post a response even though the thread has been running for almost 30 hours?

    I'd suggest to the two people who have posted questions that they start their own threads and mention that they'd like to hear from LR, and I'd also suggest that MSE Andrea deletes this thread.
  • Land Registry
    • #7
    • 29th Jul 17, 10:11 AM
    • #7
    • 29th Jul 17, 10:11 AM
    Hi

    I am buying a property from my mum and aunty. They inherited it from my granddad so it is still in his name but they are the executrices. Since I obviously trust them, I didn't want to go through the rigmarole of contracts and searches and I was hoping I could just change the name on the title deeds pay the Stamp Duty and give them the money.

    Understandable, most solicitors are nervous of doing this, so I was going to fill in the forms myself. Is this allowed? From what I can tell I just need to fill in AP1 and the Stamp Duty form. Do I have to have a solicitor for this?

    Thanks

    V
    Originally posted by vikki400
    Vikki400 - they will need to transfer it to you using form TR1. The AP1 is the application form needed.

    Our guidance on transferring the ownership explains what is needed. You will also need to lodge an official copy of the probate

    There is no requirement to use a solicitor but we recommend you do. They are familiar with the forms and process. They can also offer wider legal advice re wills etc
    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
    • #8
    • 29th Jul 17, 10:19 AM
    • #8
    • 29th Jul 17, 10:19 AM
    Hi guys

    I'm buying a property that has a right of way. All the deeds say is "the area marked in x is subject to a right of way" it doesn't specify who is the servient tenement of that right of way or if there are restrictions to that access (pass and repass etc). Will that all be in the neighbours property deeds or is there a chance it's a public right of way?

    Also if I extend the property and the access is still granted but not as per the specified path on deeds, but the path is moved, is this possible or must a change be formally documented for the plans and be accurately reflected.

    Many thanks
    Originally posted by Lurkingtoposting17
    Lurkingtoposting17 - the servient land will be that over which the right of way is reserved. If you want to check who owns that land then you can do so online or by post assuming it is registered.

    We don't register public rights of way

    If you change the right of way then that's fine if the serviette landowner agrees. If they do then I woukd recommend you do it formally and legally, namely by way of a legal deed. Our Practice Guide 62 explains

    If you don't formalise it then it may pose problems when you or the neighbour wish to sell for example. If the properties are mortgaged you should also involve your lenders and they may insist on your using a solicitor. As such I'd recommend seeking legal advice
    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
    • #9
    • 29th Jul 17, 10:29 AM
    • #9
    • 29th Jul 17, 10:29 AM
    I don't really understand the purpose of this thread. LR are usually quite good at monitoring the board and responding to any thread in which there is a LR issue, so why do we need a thread in which there may be many questions asked, causing confusion over which answer relates to which question, and in which LR have yet to post a response even though the thread has been running for almost 30 hours?

    I'd suggest to the two people who have posted questions that they start their own threads and mention that they'd like to hear from LR, and I'd also suggest that MSE Andrea deletes this thread.
    Originally posted by agrinnall
    agrinnall MSE have put this thread in place and advised 'set new companies and organisations up with their own dedicated forum thread where our site users can ask questions'

    We're happy either way really and can monitor forum as a whole. But agree it may dilute/confuse things in some cases. As it's a forum it's open to all to post as already seen.

    But it may be a way of getting round the issue of not being able to DM organisations like ourselves?

    We monitor MSE by searching the forum as a whole using 'Land Registry' as a search. It's not fulproof as some can slip the search net but it generally works. And as you appreciate it's rare that our post can cover everything asked as there's more to property/land than just the registration angle
    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"
    • G_M
    • By G_M 29th Jul 17, 12:07 PM
    • 41,106 Posts
    • 47,247 Thanks
    G_M
    Must admit I agree with agrinall. Multiple posters posing Qs on a single thread just causes problems. I for one won't be monitoring this thread - whether that's a blessing or a bane I'll let others decide!

    Putting "Land Registry" in a thread title always gets their attention and response, and as the Rep says, they use the search function, so putting "Land Registry" within the body of a post works too.
    Last edited by G_M; 29-07-2017 at 2:56 PM.
    • felixmeg
    • By felixmeg 29th Jul 17, 1:56 PM
    • 12 Posts
    • 0 Thanks
    felixmeg
    Transfer of ownership and mortgage
    Hi
    My husband and I have a shared ownership house. The mortgage is in his name and I pay the direct debit. The deeds are in his name with myself as interested party/charge on them.

    Can we transfer the deeds into my name or do we have to change both the mortgage and deeds to my name?

    Or is it far more complicated than that?

    Many thanks
    • agrinnall
    • By agrinnall 29th Jul 17, 2:02 PM
    • 18,443 Posts
    • 14,154 Thanks
    agrinnall
    agrinnall MSE have put this thread in place and advised 'set new companies and organisations up with their own dedicated forum thread where our site users can ask questions'
    Originally posted by Land Registry
    Thanks for the clarification. I sometimes thing thak MSE really don't understand the way the forum works, and as 00ec25 said, if this isn't made a sticky (and of course the same would have to be done for every other company thread that they create) it'll slip off the front page and very quickly become redundant.
    • G_M
    • By G_M 29th Jul 17, 3:00 PM
    • 41,106 Posts
    • 47,247 Thanks
    G_M
    Hi
    My husband and I have a shared ownership house. The mortgage is in his name and I pay the direct debit. The deeds are in his name with myself as interested party/charge on them.

    Can we transfer the deeds into my name or do we have to change both the mortgage and deeds to my name?

    Or is it far more complicated than that?

    Many thanks
    Originally posted by felixmeg
    A perfect example of the issue.

    This is not a Land Registry related question, so unless other regular posters like myself monitor this thread, no answer will be forthcoming. Felix would do better to start her own thread.

    (I'm only here temporarily to see where the discusssion goes - as aggrinnall/00ec25 say, the thread will soon vanish anyway.
    • silvercar
    • By silvercar 29th Jul 17, 3:45 PM
    • 35,897 Posts
    • 151,133 Thanks
    silvercar
    I do have some virtual glue that can make this thread sticky if required.

    Personally I find that too many sticky threads clutter up the first page and make it harder for threads to be spotted on a fast moving board, but I'm open to persuasion.
    I'm a Board Guide on the Debate House Prices & the Economy, House Buying, Renting & Selling, Mortgages and Endowments, In My Home incl DIY, Overseas Holidays & Student boards.
    I'm a volunteer to help the boards run smoothly, and I can move and merge threads there. Board guides are not moderators and don't read every post. If you spot an abusive or illegal post then please report it to forumteam@moneysavingexpert.com. Any views are mine and not the official line of moneysavingexpert.com.
  • Land Registry
    Hi
    My husband and I have a shared ownership house. The mortgage is in his name and I pay the direct debit. The deeds are in his name with myself as interested party/charge on them.

    Can we transfer the deeds into my name or do we have to change both the mortgage and deeds to my name?

    Or is it far more complicated than that?

    Many thanks
    Originally posted by felixmeg
    You are mixing a few terms here so unsure what the exact situation is. Shared ownership is generally used where you own a percentage so you have a smaller mortgage and pay rent on the remainder. You then buy more shares/percentage as you go along.

    I suspect that's not the case here but it's registered in his sole name and your interest is protected in some way although you then refer to a charge/interested party so unsure how?

    If you want to transfer the legal ownership into your joint names then our online guidance explains how. If you have a mortgage the odds are you'll need your lender's consent.

    They may also insist on your using a solicitor so I'd check if ok with your lender first and go from there
    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"
    • felixmeg
    • By felixmeg 29th Jul 17, 5:19 PM
    • 12 Posts
    • 0 Thanks
    felixmeg
    You are mixing a few terms here so unsure what the exact situation is. Shared ownership is generally used where you own a percentage so you have a smaller mortgage and pay rent on the remainder. You then buy more shares/percentage as you go along.

    I suspect that's not the case here but it's registered in his sole name and your interest is protected in some way although you then refer to a charge/interested party so unsure how?

    If you want to transfer the legal ownership into your joint names then our online guidance explains how. If you have a mortgage the odds are you'll need your lender's consent.

    They may also insist on your using a solicitor so I'd check if ok with your lender first and go from there
    Originally posted by Land Registry
    It is shared ownership as in part rent part buy so the mortgage is on 50% of the house. The lease is for 99 years along with our housing association.
    We want to transfers the registered owner of our half into my name only.
    • felixmeg
    • By felixmeg 29th Jul 17, 5:21 PM
    • 12 Posts
    • 0 Thanks
    felixmeg
    A perfect example of the issue.

    This is not a Land Registry related question, so unless other regular posters like myself monitor this thread, no answer will be forthcoming. Felix would do better to start her own thread.

    (I'm only here temporarily to see where the discusssion goes - as aggrinnall/00ec25 say, the thread will soon vanish anyway.
    Originally posted by G_M
    Um, it is a land registry question, I am asking how I put the title register or deeds of our house into my sole name.....

    How is that not land registry?
    • agrinnall
    • By agrinnall 29th Jul 17, 11:10 PM
    • 18,443 Posts
    • 14,154 Thanks
    agrinnall
    I do have some virtual glue that can make this thread sticky if required.

    Personally I find that too many sticky threads clutter up the first page and make it harder for threads to be spotted on a fast moving board, but I'm open to persuasion.
    Originally posted by silvercar
    My view would be not to bother and to let this thread slip quietly into obscurity. I agree with the too many stickys thought, I believe that's why on some boards previous individual stickys have been accumulated into a single sticky that sits at the very top of the board, but then there are no others created.
  • Land Registry
    It is shared ownership as in part rent part buy so the mortgage is on 50% of the house. The lease is for 99 years along with our housing association.
    We want to transfers the registered owner of our half into my name only.
    Originally posted by felixmeg
    Ok, many thanks. From purely a registration perspective you deal with what's on the register. By that I mean if changing from joint ownership to sole then the linked guidance applies. But you also deal with any restrictions on the title as well, often a restriction in the B Proprietorship register after your names.

    If you are both registered as joint owners then the mortgage should also be in both names. The change to sole ownership won't change that but crucial to check the terms of your mortgage as well and deal with any restriction linked to that mortgage (registered charge) also

    The other consideration is how the change effects the shared ownership aspect as well.
    So on face of it it there are probably discussions to be had with both HA and mortgage lender. Personally that's complex enough to also warrant getting legal advice
    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"
    • NeilCr
    • By NeilCr 30th Jul 17, 7:49 AM
    • 953 Posts
    • 1,009 Thanks
    NeilCr
    I don't really understand the purpose of this thread. LR are usually quite good at monitoring the board and responding to any thread in which there is a LR issue, so why do we need a thread in which there may be many questions asked, causing confusion over which answer relates to which question, and in which LR have yet to post a response even though the thread has been running for almost 30 hours?

    I'd suggest to the two people who have posted questions that they start their own threads and mention that they'd like to hear from LR, and I'd also suggest that MSE Andrea deletes this thread.
    Originally posted by agrinnall
    I sort of agree

    The only way this is got any chance of working is if it is made a sticky and no-one but LR responds to any questions. I realise that it may take time for LR to reply but they do get to queries in the end

    To be honest if I'd seen the thread title and I had a question, specifically, for LR then I'd not hugely appreciate other posters replying. If LR thinks it is not a subject for them then they can say so and the poster can start a new thread

    But I do think this is possibly fiddling with something that seemed to be working okay
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