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    • vikki400
    • By vikki400 30th Jul 17, 8:43 AM
    • 45 Posts
    • 12 Thanks
    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.
    Originally posted by da_rule
    Thanks for this, I thought I could do it myself, but it is nice to have confirmation
    • vikki400
    • By vikki400 30th Jul 17, 8:47 AM
    • 45 Posts
    • 12 Thanks
    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
    Originally posted by Land Registry
    Thanks. I'll see if I can find a solicitor that is willing to do this without following the whole sale and purchase process. The ones I have spoken to so far want over £1000 between us and say we need two different solicitors!
    • MSE Andrea
    • By MSE Andrea 1st Aug 17, 1:27 PM
    • 8,384 Posts
    • 20,467 Thanks
    MSE Andrea
    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
    Hi agrinnall

    We want to encourage followers on our other social medias to ask questions. Giving them a dedicated place to do that via a Forum Q&A thread is the best way to help get their questions answered

    Andrea

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    • Bimo
    • By Bimo 1st Aug 17, 3:37 PM
    • 12 Posts
    • 1 Thanks
    Bimo
    shared ownership restrictions
    Hello


    Can you help with this thread please ?


    http://forums.moneysavingexpert.com/showthread.php?t=5688310


    HM register has turned down my X3 form and asked me to get approval from beneficiary Head lease.


    to some extent I understand it for "Right of First refusal"


    but for "Power for Landlord to Require Stair casing" isn`t it redundant since I own 100% ?


    Thanks
  • Land Registry
    Bimo I assume you mean RX3 although I'm unclear if you mean two restrictions here or just one?
    I've replied on your linked thread so suggest replying there only if that's ok
    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"
    • meg00
    • By meg00 2nd Aug 17, 9:16 AM
    • 144 Posts
    • 48 Thanks
    meg00
    My Mum's house still has my late Father's name on the land registry. Mum is leaving the house completely to my Sister (who lives at the address) in her will. Can I have my Dad's name removed and my Sister's name put on? Would it require a solicitor?
  • Land Registry
    My Mum's house still has my late Father's name on the land registry. Mum is leaving the house completely to my Sister (who lives at the address) in her will. Can I have my Dad's name removed and my Sister's name put on? Would it require a solicitor?
    Originally posted by meg00
    meg00 there is no compulsion to use a solicitor although we invariably recommend that you do as they can cover off the wider aspects re wills and what happens next in any given scenario as well as what options are available to both your Mother and Sister. And they are familiar with the forms and processes of course.

    I am guessing the property is registered in their joint names so if Mum wanted to now transfer it into joint names with your Sister then she can transfer the ownership. An official copy of Dad's death certificate should also be submitted.

    If it's not as I have described re parents' registered joint ownership then please let me know
    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"
    • meg00
    • By meg00 2nd Aug 17, 1:05 PM
    • 144 Posts
    • 48 Thanks
    meg00
    I am guessing the property is registered in their joint names so if Mum wanted to now transfer it into joint names with your Sister then she can transfer the ownership. An official copy of Dad's death certificate should also be submitted.

    I have spoken to land registry, they are now asking for a translation of the death certificate (Father died on holiday in Spain). I don't know ehre to get this done. I am also not sure what an "official" copy is - do you mean the original?
    Thanks Meg.
    • G_M
    • By G_M 2nd Aug 17, 2:33 PM
    • 40,632 Posts
    • 46,496 Thanks
    G_M
    An official copy (where the original is not available/sent) will mean either

    * a duplicate issued by the Registrar of births & deaths (or the Spanish equivellent) , or
    * a copy verified as a true copy by an appropriate official.

    A solicitor here can certify a copy - though may not be willing to do so if it's in a Spanish.
    Last edited by G_M; 02-08-2017 at 2:37 PM.
  • Land Registry
    In most countries they issue official copies of such documents so you can use them for 'official' purposes so you don't risk losing the original

    A certified copy is generally acceptable for registration purposes and it can be certified as such by the applicant.

    The additional key is providing a translation as well so if the Spanish issuing authority can't or won't then you need to identify someone who can and verify that it is an accurate translation
    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"
    • JPDenzil
    • By JPDenzil 7th Aug 17, 12:18 PM
    • 1 Posts
    • 1 Thanks
    JPDenzil
    Selling garden - land registry process
    Hi,

    I am selling part of my garden to my neighbour. We want to do our own DIY conveyancing, but are not clear about the process. As I understand it, I complete a TP1 form describing the transfer, along with an AP1 form to get the register updated, and send it off to the land registry with the appropriate plan, fee, and identification documents. This gets the sold piece of land removed from my title.

    Does my neighbour have to then submit his own AP1 to register his title to the land he's just bought, or does it all happen in the one transaction?

    I don't think there are any complicating factors - the land is freehold, I am the sole owner, there's no mortgage, both my and my neighbour's properties are already registered.
  • Land Registry
    JP if all ok the land is given its own title and registered in the name of your neighbour. You don't need a second application so just the one AP1 plus the TP1 and ID1s for both of you
    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"
    • begbeer
    • By begbeer 8th Aug 17, 8:50 AM
    • 188 Posts
    • 62 Thanks
    begbeer
    In 2006 we purchased a house as tenants in common, my husband died in 2013 should I inform the land registry and get it transferred into my name only. it is mortgage free, it is not my main residence
  • Land Registry
    begbeer if it was in joint names then you can complete form DJP and send it to us along with an official copy of the death certificate. It's not compulsory to inform us but we recommend that you do.

    If you were registered as tenants in common and a form A restriction added to the title then this may be something you may also want to consider/update as appropriate, especially if you are now both the sole legal and beneficial owner.

    Our Practice Guide 6 explains both of the above in more detail for you.

    If there is a form A restriction registered, and you can check the register online, and it is no longer required, I would recommend applying to remove it now.

    There is again no compulsion to do so now but it may delay matters in the future for example if you wished to sell or remortgage the property.
    PG 6 is really the extent of the guidance we can provide re the form A restriction and it's removal. It can be a complex area of joint ownership to understand so you may also wish to get legal advice as to how best to proceed.
    Last edited by Land Registry; 09-08-2017 at 6:33 AM.
    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"
    • Minx1986
    • By Minx1986 9th Aug 17, 2:19 PM
    • 71 Posts
    • 16 Thanks
    Minx1986
    I brought my SO property 5 years ago, and I used the solicitors recommended by the Housing Association.

    Now that I am trying to move on, and re-sell the property it has come to light that the acting solicitors filed the Lease with Land Registry with 2 pages missing from the middle.

    Who would have filed this incorrect version with Land Registry, and whose responsibility should it be to get this amended/corrected. I am being advised that I may have to bear the £1,500 cost to do this. Do I have any rights to get the solicitor who filed this to rectify this? Buying SO has been the worst experience of my life, and now I am trying to sell, seems to be becoming the most costly too!
    06/02/2015 = £7,846.93 Total CC Debt £4,601.41
    06/02/2015 = £1,000.00 - Total 'Bank of Mum' paid
    06/02/2015 = £14,232.80 Total Personal Loan £3,558.20

    11/02/2017 - Debts repaid since 06/02/2015 = £14,920.12 only £8,159.61 to go!
    Mortgage...forever!!!! - But who cares, when all I've ever wanted is my own place!
  • jamesd
    A mortgage lender asked the beneficiary of a High Court emergency freezing order for consent for them to release their charge on a mortgaged home. The beneficiary declined. Assuming that the order remains in place is there any practical way for a valid sale of the property or part of its value to happen?

    At the time no notice of the order had apparently been placed at the Land Registry. I gather that steps to place one of the types of notice have now been taken and one is probably now present. Can you tell me which type(s) would be appropriate and what other steps can be taken to further reduce the possibility of a sale of any portion of the property?

    The freezing order was imposed to prevent the owner of the property from disposing of assets that may later be taken and sold to repay debts. I'm one of the ultimate creditors in peer to peer loans who may end up relying on that process to be repaid.
    • getmore4less
    • By getmore4less 13th Aug 17, 7:24 AM
    • 29,497 Posts
    • 17,632 Thanks
    getmore4less
    Serious issue with this type of thread is it does not fit in the...

    One thread per problem model

    That is the proven method for these types of enquiries..

    only 38 posts in and it is difficult to follow.

    Rather than point people to a thread just point them at the board.

    if it must go this way then threading support within threads is needed.

    the other approach is a sub board for the land reg/companies but that just fragments so you end up with stuff in multiple places any.

    Maybe a review of the CAB board trial and why that failed is in order to avoid repeating the same mistakes.


    edit: as post 14 highlights, the other issue will be that many problems although have a LR element the main issues are out of scope for the LRrep and will need referring to somewhere more appropriate.
    Last edited by getmore4less; 13-08-2017 at 7:28 AM.
    • moneyistooshorttomention
    • By moneyistooshorttomention 13th Aug 17, 8:43 AM
    • 13,183 Posts
    • 36,076 Thanks
    moneyistooshorttomention
    It would seem, to me, that the best way to deal with this is to have a sticky at the top of the sub-forum stating that there is a Land Registry rep answering questions on the sub-forum. Followed by requesting that anyone wishing to ask a question of LR put up their own thread specifically for that and headed "FAO Land Registry rep - subject of their query".

    I think this catch-all thread is confusing on the one hand. People may well not know there is the facility to ask LR rep on the other hand. The proposed sticky would solve both problems imo.
    ploughing my own furrow...

    No-one can make you feel inferior without your consent.
  • Land Registry
    Who would have filed this incorrect version with Land Registry, and whose responsibility should it be to get this amended/corrected. I am being advised that I may have to bear the £1,500 cost to do this. Do I have any rights to get the solicitor who filed this to rectify this? Buying SO has been the worst experience of my life, and now I am trying to sell, seems to be becoming the most costly too!
    Originally posted by Minx1986
    Who erred and when may be apparent from the history of the original application. If we have pages missing then we will have issued a letter explaining next steps re correcting it and/or claims re any loss if it was our error.

    If lodged in last few years then odds are it was a copy lodged electronically so hopefully there's a complete original somewhere?

    Both points are something your conveyancer should be able to unravel and work through for you
    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
    A mortgage lender asked the beneficiary of a High Court emergency freezing order for consent for them to release their charge on a mortgaged home. The beneficiary declined. Assuming that the order remains in place is there any practical way for a valid sale of the property or part of its value to happen?

    At the time no notice of the order had apparently been placed at the Land Registry. I gather that steps to place one of the types of notice have now been taken and one is probably now present. Can you tell me which type(s) would be appropriate and what other steps can be taken to further reduce the possibility of a sale of any portion of the property?

    The freezing order was imposed to prevent the owner of the property from disposing of assets that may later be taken and sold to repay debts. I'm one of the ultimate creditors in peer to peer loans who may end up relying on that process to be repaid.
    Originally posted by jamesd
    The key from our perspective is if the order has been protected and how. Have you checked?
    Our PG 19 explains how such interests can often be protected. Section 6.9 explains a possible scenario re freezing orders for example

    If protected as a restriction then understanding its wording will help understand how a buyer will look at it and therefore how it will affect a possible sale/purchase

    The wider questions are ones for others to comment on although it is really legal advice you need. PG 19 is really the only guidance we can offer as we register such interests and as such are not involved in the court process or their enforcement for example
    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"
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