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Land Registry questions

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  • remembermee
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    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
    jamesd Posts: 26,103 Forumite
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    G_M wrote: »
    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.
    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
    joop Posts: 144 Forumite
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    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?

    Thank you for your reply, how would I get the UN removed? And the Housing Association as beneficiary?
  • Land_Registry
    Land_Registry Posts: 5,782 Organisation Representative
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    joop wrote: »
    Thank you for your reply, how would I get the UN removed? And the Housing Association as beneficiary?

    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
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    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.

    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.
  • Land_Registry
    Land_Registry Posts: 5,782 Organisation Representative
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    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.

    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
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    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
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    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
    Land_Registry Posts: 5,782 Organisation Representative
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    wardylad wrote: »
    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?

    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
    Land_Registry Posts: 5,782 Organisation Representative
    First Anniversary Name Dropper First Post
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    Hi,
    I'm hoping for some advice around 2nd home stamp duty/Land tax (Scotland Freehold).

    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"
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