Land registry question

Sheep

Hoping someone can help.....

When we were buying our new build property from a small local builder they said we could not sell our house until all the estate had sold. I questioned my solicitor on this and he challenged the builder. The sakes lady emailed us both stating they would allow this to be reduced to properties relating to phase 1 only. Solicitor said he agreed that was acceptable and end of matter.

We have been in our house for 15 months now and phase one still hasnt sold completely (there are only 4 more house but they plan on building 5 more as part of phase one).

I have just found the Land Registry TP1 form inna drawer and decided to have a read. In one of about 50-80 (guess) clauses it states 'No disposition of the property until the last plot on the development has been sold'. Does this mean we will have a restriction on the title deeds stopping us from selling? What happens if the builder doesnt build the remaining 5 houses of phase 1 for another 5-10 year?

Really worrying myself about this because the builder has been shocking and cannot be trusted. What happens if they just pack up and leave the site? They are saying they are not building phase 2 however I have nothing in writing and im sure they would not agree to that anyway in case they came back in years to come to finish it.

I have tried getting a copy of my title deeds from the land registry page but what is supposed to be recorded as my title deeds is definitely not that. I have tried downloading them for other houses on the development but they all come back with the exact same document. I think its the document for the land the houses sit on.

Please reassure me

G_M

If that clause was in the TP1 then I would have expected it would be recorded as a restriction in the Title.

I have tried getting a copy of my title deeds from the land registry page but what is supposed to be recorded as my title deeds is definitely not that.

I don't understand. You've tried getting a copy? And failed? Why? Is the Title not registered?

If you could not get the Title, then what do you mean 'definately not that'? You did get the Title but that restriction is not recorded?

Sheep

Sorry let me explain the last part again.

I am going onto the land registry website and purchasing a copy of the title for £3 however the document it downloads seems to be relating the land that the estate currently sits on. I then tried purchasing other properties on the estate and that is doing the same.

How do I find out if there are any restrictions? This clsuse was in small print along with about 80 others saying what i can or cannot do with the property such as have a caravan outside or use heavy machines etc so im hoping its not actually logged as a restriction. Surely there are not 80 restricts if that makes sense. How do I find out for sure and how do I get this removed if thr builder is not finishing the estate for years to come?

Sheep

I have managed to download the title for my neighbour 2 doors down who bought in February and there doesnt seem to be anu restriction on their deeds regarding the sale of all the development before they can sell their house so hopefully we will be the same.

Land_Registry

Sheep Such clauses can be quite common in plot Transfers (TP1s) and can still restrict you but it is important to read the clause and any additional details within the Transfer to underestand how they are enforced for example.

A 'Restriction' is a separate way of safeguarding an interest on the registered title. If the developer wanted to 'restrict' you in that way then they would have to apply for a restriction to be registered.

The fact that there is no 'Restriction' on the register does nto mean that you are not restricted in some other way so it is important to distinguish between the two.

It can be complex legally and use of the word Restriction and restricted can muddy matters but it reads as it they are two very separate things here so focus on the terms of the Transfer and get legal advice.

And although you are not selling at the moment the key is what a buyer would do if they read the Transfer.

G_M

Sheep wrote: »

Sorry let me explain the last part again.

I am going onto the land registry website and purchasing a copy of the title for £3 however the document it downloads seems to be relating the land that the estate currently sits on. I then tried purchasing other properties on the estate and that is doing the same.

This would worry me even more!

Either you are searching wrong, or your Title has not been registered. Since "We have been in our house for 15 months now" I would expect your Title to appear on the register!

It seems that all that appears is the original Title for the entire plot, owned by the developer. The TP1 would have been used to remove your plot from that Title, and create a new Title for your property, in your name.

Try doing a 'map enquiry' and look at all the registered Titles in the area to see if yours is one of them.

Failing that, who did your conveyamcing? You? You may have forgotten to submit the TP1 ! Or a solicitor? Speak to them (and follow up with a letter if they don't resolve the mtteron the phone).