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Land Registry questions

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Comments

  • Time2go
    Time2go Posts: 198 Forumite
    We are selling our leasehold (share of freehold) flat. Buyers solicitor has advised that although title plan of.entore building is in red the title plan of leasehold of actual flat is in black on land registry. How easy is it to change it to a red outlined version.
  • Land_Registry
    Land_Registry Posts: 5,776 Organisation Representative
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    Piggywinkle wrote: »
    Bear with me, this will sound really woolly! We are in the process of purchasing a property with a 'joint access' alleyway between two modern terraces (built circa 1997). Our title plan has two parts, one showing the boundary as an aerial view would do and another showing a more zoomed-in detailed boundary plan with the joint access alley shown using hatched blue lines. The red line for the property we are purchasing runs along but not around/inclusive of the alley. I queried who owned the alley with the solicitors but I don't think they know what I'm getting at. I want to know if the neighbours own it and we just have RoA or if it's something different.

    I went onto the Land Registry website to download the neighbour's title plan and it only shows one view - the aerial one - instead of two, like our 'zoomed in' version which shows specifically the alley. How do I find out if the neighbours actually own the alley and we just have RoA or if it is something different? Excuse my lack of knowledge, we are FTB.

    TIA.

    It sounds as if your title plan includes an 'enlargement' used so that where a reference is added to a title plan, which is too small to see on the normal plan, you can see it. The blue hatching will be referred to on the register so that needs to be read as well.

    No two title plans will be the same and just because you have an 'enlargement' doesn't mean to say the neighbour's title will as well.

    If their red line is round the alley then they own it. And if the same or similar rights are referred to on the title then it's thir register you need to be reading. And if the rights are contained in a filed deed or the deed plan is referred to as filed then you need copies.

    The title plan alone will show the general boundaries. The register and filed deeds/plans (if any) also need to be read for anything else. You can get the Registers online and filed documents by post. https://www.gov.uk/get-information-about-property-and-land
    “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
    Land_Registry Posts: 5,776 Organisation Representative
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    Time2go wrote: »
    We are selling our leasehold (share of freehold) flat. Buyers solicitor has advised that although title plan of.entore building is in red the title plan of leasehold of actual flat is in black on land registry. How easy is it to change it to a red outlined version.

    We don't prepare title plans in black & white. I am guessing they mean the lease plan. If they do and you can't find/get a colour copy and it's an issue then you and the freeholder will probably either need to vary the lease to inc a new plan or draw up a new lease itself. Speak to your solicitor for clarity if what's needed
    “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"
  • silvercar
    silvercar Posts: 46,942 Ambassador
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    Land Registry, could you glance past this one

    In a nutshell, if there is a charge on a property do they need a deed of postponement to move to a new lender?

    When transferring a property with a charge on it to joint names, should the charge holder have been consulted first?
    I'm a Forum Ambassador on The Coronavirus Boards as well as the housing, mortgages and student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.
  • Land_Registry
    Land_Registry Posts: 5,776 Organisation Representative
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    silvercar wrote: »
    Land Registry, could you glance past this one

    In a nutshell, if there is a charge on a property do they need a deed of postponement to move to a new lender?

    When transferring a property with a charge on it to joint names, should the charge holder have been consulted first?

    silvercar - i'll reply on the actual thread as I'm not sure the nutshell covers it on here as it's a restriciton they are dealing with rather than a legal charge 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"
  • goodwithsaving
    goodwithsaving Posts: 1,311 Forumite
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    A question for the LR if I may. How long does it take to amend a title deed with amended boundary lines? (Expedited).
    Thank you.
  • Land_Registry
    Land_Registry Posts: 5,776 Organisation Representative
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    goodwithsaving wrote: »
    A question for the LR if I may. How long does it take to amend a title deed with amended boundary lines? (Expedited).
    Thank you.

    All depends on how the amendment is being achieved e.g agreement, transfer, exchange, Determined boundary. And then all about it being in order and/or what checks are needed (if any)

    Expedition, if granted, generally means we consider the application within 10 working days of that request. Then the above applies re any further timescale
    “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"
  • hammy1988
    hammy1988 Posts: 145 Forumite
    We recently purchased a New Build property, and on our deeds it stated that as part of our driveway outside the front of our house, it allowed for a right of access walkway for the other two houses incorporated into the driveway (no separate path or anything, just on the right hand side of our driveway)

    We were fine with this before we purchased, however, since we have moved in. Neither of the other two properties have once needed or wanted to walk on the driveway at all. As they have their driveways directly outside of their house and front doors. They literally have no need to even walk anywhere near our property at all, it's a bit daft.

    We have heard about land being adopted if no one else uses it? They have a right of access way in our deeds yet it really doesn't need to be there. To walk over it, they would be walking right out of their way from their own properties just to walk across it (we think it's a design flaw of the plans).

    Could we apply to have the driveway made just a driveway with no right of way path adopted into it? If so, when would we be able to do this?

    Thanks :)
  • G_M
    G_M Posts: 51,977 Forumite
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    hammy1988 wrote: »

    Could we apply to have the driveway made just a driveway with no right of way path adopted into it? If so, when would we be able to do this?

    Thanks :)
    To get a ROA/ROW removed you'd need the consent of whoever benefts from it.

    This is a legal matter, not something the LR can do.

    The LR would simply record whatever legal agreement is reached.
  • goodwithsaving
    goodwithsaving Posts: 1,311 Forumite
    First Anniversary Name Dropper First Post
    Land_Registry wrote: »
    All depends on how the amendment is being achieved e.g agreement, transfer, exchange, Determined boundary. And then all about it being in order and/or what checks are needed (if any)

    Expedition, if granted, generally means we consider the application within 10 working days of that request. Then the above applies re any further timescale

    Thank you. It'll be by agreement if that makes any difference?
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