Defective Title - how long for LR to resolve?

jmt

We are in a chain of 3 and exchange had been discussed between all conveyancers and set for 10th Aug. As my property is empty I assumed it had happened, but on 11th my conveyancer contacted me to say there had been a problem. It transpires my buyers home has a defective title so the FTB could not exchange the previous day.

On Friday 12th I was informed that it had been sent to Land Registry to resolve and although I offered to pay for an indemnity was told it was not really the 'done thing' for someone higher in the chain to offer or discuss.

All I know is my buyer has a town center end terrace (approx 100 years old) that has a gated walkway access down the side/rear or her property for all the others in the terrace to use.

Has anyone else experienced this and if so how long did it take to resolve.

AdrianC

It's entirely down to how good the paperwork that's sent to LR is. If it's good enough, then it'll just be however long LR take to deal with it - the LR rep will be able to give you a suggestion of how long that currently is.

If the paperwork's not up to scratch, then it could be open-ended.

jmt

AdrianC wrote: »

It's entirely down to how good the paperwork that's sent to LR is. If it's good enough, then it'll just be however long LR take to deal with it - the LR rep will be able to give you a suggestion of how long that currently is.

If the paperwork's not up to scratch, then it could be open-ended.

My conveyancer could not give me any idea and of course we are not privy to the accuracy of paperwork sent to LR. Does the LR rep read posts regularly or should I send them a message?

Land_Registry

jmt - we do keep an eye out for mentions of Land Registry in the forum so apologies for arriving late on this one albeit LR was the acronym used

Rectification can mean many things in so far as what is being applied for and how. And perhaps most importantly are all the affected parties involved and agreeing to the rectification. If they are not then the timescale can be quite lengthy as it involves notifying everyone and getting a response.

In the circumstances I would suggest using our online enquiry form to provide the specific details re address and what is being rectified (if known) and hopefully we can give you some idea of timescales.

jmt

Land_Registry_representative wrote: »

jmt - we do keep an eye out for mentions of Land Registry in the forum so apologies for arriving late on this one albeit LR was the acronym used

Rectification can mean many things in so far as what is being applied for and how. And perhaps most importantly are all the affected parties involved and agreeing to the rectification. If they are not then the timescale can be quite lengthy as it involves notifying everyone and getting a response.

In the circumstances I would suggest using our online enquiry form to provide the specific details re address and what is being rectified (if known) and hopefully we can give you some idea of timescales.

Thank you, I'm not sure that you would be able to tell me specifics if I completed your online enquiry form as it is not my house.

My buyer has sent me this via the estate agent, perhaps you could comment or confirm if I did contact you with the details of her property whether you could deal with it as other than this we are ready to exchange and complete.

My understanding is that my buyers solicitors won't exchange/complete without the Land Registry registering my legal access to the rear of the property on the deeds/covenants they hold. I have original documents which show this right of way therefore an indemnity insurance isn't required. We are currently awaiting the Land Registry to action this but am unable to give a timescale.
We are then waiting confirmation from my buyers solicitors that a legal statement about my other access to the rear of the property is acceptable to them so that I can go and get that witnessed.

Land_Registry

jmt - thanks for that and as you state we would not go into any details but could/should be able to give you a general idea around timescales.

So the rectification is in essence seeking to register a right of way over other land/property as supported by a deed presumably not submitted previously.

So to start with does the deed create a legal right. If it does then much will depend on whether the land/property over which the right runs is registered. If it is registered and the right is already shown then that helps. If the right is not registered then we are likely to notify the land/property owner and give them time to consent/object. This is where the timescale can be stretched.

If unregistered then easier again as nobody to notify so it is all about the deed and the right rather than who owns the affected land/property.

So let's say everything was in order and we di not need to notify any other land/property owner. If so then in my experience you are looking at a 3/4 week timescale on average. So we are already 2 weeks in. But the devil is always in the detail so it's the solicitor up/down the chain you need to be relying on here for updates on what is happening and possible shorter/longer timescales

There are no hard and fast rules here re timescales as so much depends on what is submitted and it being in order as well as the knock-on effect re adjoining land/property. Every scenario is different.

jmt

Land Registry representative - thank you for your very detailed reply.

Until my buyer gave me the information my conveyancer and I were not privy to any information. As you say we are two weeks in and the estate agent has just contacted me to say the FTB popped in this morning discussing a completion date of 6th Sept. Not getting my hopes up yet but hopefully we will hear something positive as it moves up the chain.

jmt

Hi Land Registry representative if you read this.

I'm so disappointed, I completed the online form as suggested, the first one did not show an application, but the second request yesterday did as I had been given a date. Unfortunately, this was the response I received even though I was only asking for a timescale and my buyers conveyancers won't discuss

I can confirm we have received an application on 26 August 2016 from 3 April My Home Move Limited . We are unable to confirm when this application will be completed as we can only correspond with My Home Move Limited as they lodged the application. I therefore suggest you speak further with them regarding this.

Land_Registry

jmt - can you email me please with the Incident reference number from the reply please so I can look into it.

Please don't post the number here and could I ask you to edit out the person's name from your post for privacy reasons please

jmt

Land_Registry_representative wrote: »

jmt - can you email me at .... please with the Incident reference number from the reply please so I can look into it.

Please don't post the number here and could I ask you to edit out the person's name from your post for privacy reasons please

Sorry, just cut and pasted the email - updated to remove name as requested. I'll email you with the the incident numbers and and latest update. Many thanks

Land_Registry

jmt - received and replied to

I am querying our initial response

We should have been able to advise as to both receipt and likely timescales - we cannot go into the precise detail for a variety of reasons, inc the fact that you are not the actual applicant.

A routine application e.g a sale/mortgage currently takes on average 6/7 working days if in order.
This type of application is not routine but should still not normally take more that 10/15 working days depending on the complexity.
Two things though have inhibited progress - the first being we needed more details from the lodging solicitor - already replied to
And the second being that with applications that affect an adjoining title, such as in this case, we have to contact the owners to notify them and seek their consent. Again this has been done and I understand that they have replied although as yet not received.

Once received and everything is in order the application should be completed.