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  • FIRST POST
    • Bellyson
    • By Bellyson 2nd Jun 17, 5:03 PM
    • 7Posts
    • 0Thanks
    Bellyson
    Approval from Land Registry
    • #1
    • 2nd Jun 17, 5:03 PM
    Approval from Land Registry 2nd Jun 17 at 5:03 PM
    Hello, I am hoping that the Land Registry member may be able to help here, but open to any information from anyone who may know..

    We are SSTC and a Deed of Variation has been required to include a small garden area. This has been done but apparently Land Registry needs to approve it. Does anyone know about how long this approval might take to come through? We have had 2 sales previously fall through and desperately need this one to go through! Getting nervous that the buyer will get sick of waiting.
    Thanks for any information.
Page 1
  • Land Registry
    • #2
    • 3rd Jun 17, 2:20 PM
    • #2
    • 3rd Jun 17, 2:20 PM
    Bellyson - if it's a Deed of V to include a small garden I assume it's a leasehold title you have and you are varying the demise (what's inc in the lease)

    If so then the Deed of V acts as a surrender and regrant so is in registration terms a new lease. This type of registration is currently taking on average 50 working days.

    If you have a confirmed buyer then your solicitor needs to provide us with those details and a request to expedite their application. If we can expedite it then that shortens the timescalconsiderably provided everything is in order of course
    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"
    • Bellyson
    • By Bellyson 3rd Jun 17, 5:10 PM
    • 7 Posts
    • 0 Thanks
    Bellyson
    • #3
    • 3rd Jun 17, 5:10 PM
    • #3
    • 3rd Jun 17, 5:10 PM
    Many thanks for this! Yes, we have a confirmed buyer. If she has requested expedition, could you tell me approximately how long it might be? It has already been quite a long process (offer was accepted mid February) and obviously we want to get it through as quickly as possible.

    Do you know what the procedure is with the Deed of Variation and/or new lease once approved by Land Registry?

    TIA.
  • Land Registry
    • #4
    • 4th Jun 17, 7:32 AM
    • #4
    • 4th Jun 17, 7:32 AM
    Expedition, if accepted, moves the application forward to nearer the point of consideration. That can be anywhere between a few days of the request to two weeks normally.

    At that point we will raise any issues with the applicant. Hopefully there won't be any and it can be completed quickly. If any issues arise then the timescale is then dependent on responses from the applicant.
    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"
    • Bellyson
    • By Bellyson 7th Jun 17, 11:41 AM
    • 7 Posts
    • 0 Thanks
    Bellyson
    • #5
    • 7th Jun 17, 11:41 AM
    • #5
    • 7th Jun 17, 11:41 AM
    Thank you for this.
    Our solicitor has come back to us with an update, saying the following:
    The Land Registry have been in touch to advise that they do not approve this type of Deed prior to Registration but, the new proposed Deed of Variation follows the form of the existing Deed of Variation which has successfully been registered at the Land Registry and therefore there should be no problem with this.

    Do you know what this means?
  • Land Registry
    • #6
    • 7th Jun 17, 1:44 PM
    • #6
    • 7th Jun 17, 1:44 PM
    Bellyson - it reads to me as if the solicitor has asked us if the Deed is ok and not actually appliued to register it.

    The reply says we don't pre-approve but as it seems to mirror what has happened in a previous example it looks ok

    Presumably the solicitor will now submit an application so you may not be that far forward.

    But that's based purely on what you have posted. I'd go back and ask the solicitor whether the application to register has been submitted, has it been expedited and if so how much longer before it is registered
    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"
    • Bellyson
    • By Bellyson 13th Jun 17, 6:55 PM
    • 7 Posts
    • 0 Thanks
    Bellyson
    • #7
    • 13th Jun 17, 6:55 PM
    • #7
    • 13th Jun 17, 6:55 PM
    Thank you so much for your reply! I only just saw this, so haven't asked our solicitor about the Land Registry approval/registration yet.

    However, here is our solicitor's latest notification to us:
    "Further to this matter, I have heard from the Solicitor for the Freeholder that she has now reviewed the Deed of Variation and is reporting to her Client.
    She also advises that the Freeholders’ Mortgage in favour of Lloyds has been paid off and therefore, an approach will not need to be made to the Lender and this should hopefully speed things up."

    I am assuming that the Deed of Variation (new lease) could not have been registered by Land Registry if it is still at this stage..
    So frustrating.
    Could you advise what the reasons may be for an expedition to not be granted for our case? I am so afraid that our buyer will pull out if it goes on too much longer.
    Thank you so much.
  • Land Registry
    • #8
    • 14th Jun 17, 6:45 AM
    • #8
    • 14th Jun 17, 6:45 AM
    Bellyson - if you have a confirmed buyer and your solicitor provides evidence to confirm that then expedition should be granted

    The only reasons likely to prevent that are a) there are prior applications against the freehold title to be completed first and b) the solicitor does not want it expedited as the application is incomplete e.g they need something else from a third party

    From the info provided neither a) or b) seem to apply. But as you say it reads as if the application has as yet not been submitted
    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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