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Land Registry questions

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  • Land_Registry
    Land_Registry Posts: 6,142 Organisation Representative
    Part of the Furniture 1,000 Posts Name Dropper
    HMRC have online guidance although I imagine you have checked that and remain uncertain

    As G_M explains you are transferring the WHOLE of the legal ownership as its from 2 names to 1 of them. You can't transfer a share of the the legal ownership.
    A TP1 is a Transfer of part - a physical part if the land/building so would nut be used here.

    One Q arises from your posts though as you say the property is registered in their joint names but the mortgage is in just your husband's sole name. That should not be possible as you can't have two registered owners but only one of them charging the property (legal charge/mortgage).

    Emilybutt12 - one think I forgot to mention was that as the property is currently mortgaged then you are very likely to need to the lender's consent to such a change. And the lender is also very likely to insist on your using a conveyancer as well
    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"
  • working1
    working1 Posts: 26 Forumite
    working1 wrote: »
    Thank you so much for this, much appreciated! :T W1

    Another question, will it be possible to combine title numbers and have one title number covering the whole curtilage? There are already a couple of different titles as the garden has grown over time so I'd like to tidy it all up and just have one title if possible?

    Many thanks!

    W1
  • I didn't realise there was a specific thread for LR questions. Posted separately:


    My father passed away in 2018 and in accordance with his will the property he and my mother shared has passed into her sole ownership. The property had been held as tenants in common since April 2007 (held as Joint tenants prior to this).

    On the title register which the Land Registry has now sent me a copy of under section B: Proprietorship register I have the following entries under the heading "Title absolute":

    1. (26.10.1978) PROPRIETOR TrickyDicky'sMum of [Property's address].

    2. (11.04.2007) RESTRICTION: No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the court.

    It's the bit in red I am concerned about. I believe this was created (as per the date above) in order to split the Joint Tenancy (this was for the purpose of creating a Nil Rate Trust on first death of either of my parents for the purpose of using their IHT nil rate band - something which was made irrelevant a matter of months later when Transferable NRBs were introduced).

    Now it's just my Mum alive, the Nil Rate Trust has not been created (avoided via a Deed of Appointment) and the property title is only registered in my mother's sole name.

    Does the (2) RESTRICTION entry above need to be removed now because, on the face of it, it looks to me like my mother could not sell the property (or at least the transfer registered) without an order from the court!

    Am I right to be concerned?
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    I didn't realise there was a specific thread for LR questions. Posted separately:
    ......
    Answered in your duplicate thread:


    https://forums.moneysavingexpert.com/discussion/5945315/land-registry-b-proprietorship-register
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    working1 wrote: »
    Another question, will it be possible to combine title numbers and have one title number covering the whole curtilage? There are already a couple of different titles as the garden has grown over time so I'd like to tidy it all up and just have one title if possible?

    Many thanks!

    W1
    You can do so, but there's no real advantage.


    Indeed if you have a mortgage it will involve the lender, and their solicitor (and costs......)
  • Land_Registry
    Land_Registry Posts: 6,142 Organisation Representative
    Part of the Furniture 1,000 Posts Name Dropper
    G_M wrote: »

    I've added a reply to your separate 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"
  • Land_Registry
    Land_Registry Posts: 6,142 Organisation Representative
    Part of the Furniture 1,000 Posts Name Dropper
    edited 4 January 2019 at 12:08PM
    working1 wrote: »
    Another question, will it be possible to combine title numbers and have one title number covering the whole curtilage? There are already a couple of different titles as the garden has grown over time so I'd like to tidy it all up and just have one title if possible?

    Many thanks!

    W1

    You can apply to amalgamate the titles at the same time providing all the titles are of the same class e.g. Absolute and held in exactly the same name(s) and capacity

    If one title is mortgaged then that may not be a bar to amalgamating the titles but something we would not consider until the application was made. From a registration perspective the 'tidying up' you mention is unnecessary work as three titles can be dealt with just as easily as one.

    Note - if the application you originally referred to does not involve a new/changed title plan we may well refuse to amalgamate as it is extra work and we have a backlog of work at present
    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"
  • batg
    batg Posts: 295 Forumite
    Offered on a flat, about 14 weeks ago. Found out 22 Oct that the lease is only 67 years so has to be extended. The vendor has got a solicitor, their freeholder has got a solicitor and charge for the extension is about £750 plus freeholder's legal fees (they know each other and are friendly)
    From what I can work out it's going back and forwards like a tennis ball and hasn't even reached the Land Registry yet.

    We have about 12 weeks left until mortgage offer runs out. All searches on both sides done and no other problems.

    So my question for the Land Registry is when they finally get it sent to you, how long will it take to be looked at/sorted out do you think?

    thanks in anticipation!
  • Hi , we have purchased a property recently , domestic house and offices but they are both combines on the title register as for example 25 and 29 xyz road, we want to sell one , hence was looking to split it to allow us to market only the one . The red boundary is marked as one on the land registry . Anyone suggestion on the best way for war would be most welcome . Eg forms to compete , what the process is etc - Thanks in advance .
  • Land_Registry
    Land_Registry Posts: 6,142 Organisation Representative
    Part of the Furniture 1,000 Posts Name Dropper
    batg wrote: »
    Offered on a flat, about 14 weeks ago. Found out 22 Oct that the lease is only 67 years so has to be extended. The vendor has got a solicitor, their freeholder has got a solicitor and charge for the extension is about £750 plus freeholder's legal fees (they know each other and are friendly)
    From what I can work out it's going back and forwards like a tennis ball and hasn't even reached the Land Registry yet.

    We have about 12 weeks left until mortgage offer runs out. All searches on both sides done and no other problems.

    So my question for the Land Registry is when they finally get it sent to you, how long will it take to be looked at/sorted out do you think?

    thanks in anticipation!

    Simple answer is too long and quite possibly more than the 12 weeks you have left now.

    Solution - when it's lodged the solicitor needs to include documentary evidence to confirm the purchase and time sensitive mortgage offer expiry date. They also ask us to expedite in that basis. If we can then it should be considered within 2 weeks. When it is and if everything is in order we can complete it.

    The solicitor should be aware of the process and what's required
    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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