Land Registry questions

chalky_white_2

da_rule wrote: »

You don't need a solicitor no.

You would need to send off the AP1, transfer deed (probably a TR1), the SDLT5 (the certificate from the HMRC in relation to stamp duty), the probable document and the relevant ID form (ID1) and identity documents.

I don't know why a solicitor would be nervous about doing this. If you clearly instruct them to do it and as long as they tell you the risks then they aren't running any risk.

Because I would imagine that the parties do not wish to be separately represented, to save on costs, which increases liability on the Solicitor should something go wrong. Such as, they send money to the Executors and do not receive the TR1 (when acting for the Buyer) and are in breach of trust, or the Buyer gets upset that you cannot do all of the usual legal work required (when acting for the Seller) because a Solicitor cannot act for the both!

alittle_gem

Hi all I’m looking to get some advice.

We are trying to buy a house and should be at the point of exchange, however there is a restriction on the land registry which needs to be removed. Our seller solicitors have applied for this to be done on weds just gone. How long can this take to be removed?

Desperate to exchange before Friday and this is the only thing holding us up.

Any advice appreciated.

G_M

Depends who benefits from the restriion or placed it there. I imagine the LR will have to contact them and await a reply.


What kind of restriction?

Land_Registry

alittle_gem wrote: »

Hi all I’m looking to get some advice.

We are trying to buy a house and should be at the point of exchange, however there is a restriction on the land registry which needs to be removed. Our seller solicitors have applied for this to be done on weds just gone. How long can this take to be removed?

Desperate to exchange before Friday and this is the only thing holding us up.

Any advice appreciated.

As G_M posts a lot depends on whether we need to contact the restrictioner to confirm ok to remove it or not.

Average timescales are 9 working days between receipt and consideration. If it's an application to cancel (the restrictioner would withdraw it) then we may serve notice on the restrictioner and that has a timespan of 15 working days

Land_Registry

suebfg wrote: »

Am reposting this on this thread ...

I bought a modern detached property, built by a national housebuilder, but am not the first owner.

We have now discovered that there was a mistake on the AP1 as the red boundary line cuts off the only access to the rear of the house. This mistake has carried over to the title plan.

The neighbours plot was registered first and includes this small strip.

There are other houses of the same type on the estate, and elsewhere as it was a standard house type. Each of them includes this particular strip - my house is the only one that appears to have this mistake?

What are my options to rectify this and what can I do if the neighbours are unwilling to cooperate?

If the mistake was in the Transfer (won;t be the AP1 in my experience - see Note below) and that is what was registered you can't turn back the legal clock sadly.

Your option would normally be to get the current registered owner, your uncooperative neighbour, to now transfer it to you.

If you had been the first plot owner then the advice would be to go back to the contract etc agreed at the time and hope that the end Transfer was where the mistake appeared. You would have some comeback on the developer there and the ball would be in their court to put it right. The uncooperative neighbour may be in a similar position if they were the first plot owner also and their contract and end Transfer also differed.

However as you are not the first plot owner your contract was presumably for the registered title as was. You may have been asked by your conveyancer to compare the title plan with the reality on the ground before buying and confirm they matched. If you did and did not query it then you may have no comeback on your own conveyancer.

As such I would recommend speaking to the conveyancer who acted for you on your purchase. If there is no way forward between you, them or the developer (the latter seems unlikely now) then it reads as if it is very much a case of negotiation with your uncooperative neighbour. They are after all the registered legal owner, albeit a conveyancing (it seems) mistake was made

Note - you state the mistake was in the AP1 but that is an application form. The mistake I suspect was in the TP1 (legal Transfer) and presumably repeated on next door's own TP1 also

Land_Registry

suebfg wrote: »

Yes, the error was in the TP1.

There are two maps in the TP1. One shows the plot with the strip. The second which shows what is being transferred does not include the strip.

It is a completely obvious mistake as it is a standard house type of which there are several examples on this estate and elsewhere in the country.

The error would first have appeared on next door's TP1 as their house sold first. Our house was registered with what was left as they couldn't register the same land twice.

We have gone back to the original solicitor and we will consider our options in that regard should we have to.

Understood - your 'obvious' comments may have a bearing if you take legal action and ask a judge/the courts to take a view

From a land law/registration perspective the key is the legal deed executed by the parties and then registered. 'Our house was registered with what was left as they couldn't register the same land twice.' implies that the mistake was noted at that time but no action taken by the conveyancers and that mistake was compounded when you bought.

working1

Hi,

I would like to know how to go about registering the frontage to my house. I purchased the strip of land via an extinguishment of highway rights over 12 years ago, with wayleave agreements for the utilities involved, for which I receive an annual nominal sum.

Does this prove ownership? The letter from highways at the time says that such an order will "relieve the land from highway control and enable it to be enclosed or otherwise developed, subject to planning consent".

It goes on to say that I do not need to do a conveyance as it is presumed that the adjoining landowner gains absolute control over the land.

There were no transfer forms done at the time, so now I would like to have the frontage shown as within the curtilage of my property.

Thanks,

w1

Land_Registry

working1 wrote: »

Hi,

I would like to know how to go about registering the frontage to my house. I purchased the strip of land via an extinguishment of highway rights over 12 years ago, with wayleave agreements for the utilities involved, for which I receive an annual nominal sum.

Does this prove ownership? The letter from highways at the time says that such an order will "relieve the land from highway control and enable it to be enclosed or otherwise developed, subject to planning consent".

It goes on to say that I do not need to do a conveyance as it is presumed that the adjoining landowner gains absolute control over the land.

There were no transfer forms done at the time, so now I would like to have the frontage shown as within the curtilage of my property.

Thanks,

w1

If there was no legal transfer I am assuming that this was to achieve some form of 'stopping up order' whereby the use of it as a road came to an end.

If so you would need to make an application to update the register with form AP1, £40 registration fee and supporting evidence

We won't consider the application or evidence lodged until an application is made and we would always recommend that you do use a conveyancer as they are familiar with the forms/processes and the legal aspects involved re what you acquired and how

mojosu

My mortgage is finally paid off!!! :T
My bank says i need a solicitor to request my deeds and they will hold them for me.
I dont understand why I need a solicitor and why I should be paying them to hold my deeds.

Any replies welcome!

working1

Land_Registry wrote: »

If there was no legal transfer I am assuming that this was to achieve some form of 'stopping up order' whereby the use of it as a road came to an end.

If so you would need to make an application to update the register with form AP1, £40 registration fee and supporting evidence

We won't consider the application or evidence lodged until an application is made and we would always recommend that you do use a conveyancer as they are familiar with the forms/processes and the legal aspects involved re what you acquired and how

Thank you so much for this, much appreciated! :T W1