Land Registry questions

Land_Registry

Lilyburton wrote: »

Hi there

I am really hoping for some advice. We were due to exchange contracts and move house 4 days before Christmas (having agreed a sale at the start of August) but unfortunately have been advised that we are waiting on Land Registry to register a charge and this could take 3 months - possibly longer.

Essentially our buyers discovered that evidence was required to demonstrate that the mortgage relating to the previous occupiers of their house (bear with me) had been settled. It has and they have confirmation of this from the bank. This has now gone to Land Registry but we have been advised that this will take 3 months + to resolve.

We are in complete disarray, having sold most things in preparation for moving prior to Christmas, which was always the date proposed. All of our belongings (including those of our 2 small children)were completely packed and put into storage in preparation so living in limbo.

To make matters more stressful we have just been advised that the developer that we are buying from have a quota, in terms of the number of people that they are permitted to move in prior to completing road improvement works. It is likely that we are going to fall outside of the quota if this issue isn't resolved imminently, as there are others in a position to move. If this occurs then any move will be delayed until September at the earliest and it is highly likely that the chain will fall apart due to this.

Does anyone know if it is at all possible to expedite this with Land Registry? It is imposing so much stress on our family, due to the uncertainty involved and the possibility that the whole thing is going to fall apart.

Many thanks in advance.

I am sorry to read of the difficulties you are facing and the stress felt.

You refer to registering a charge initially but then refer to a discharge on another property so I am unsure what the delay relates to.

Either way if there is a delay then that delay is usually due to a backlog of work. We do have a means whereby the lodging solicitor can ask us to expedite their application and supply documentary evidence that the delay is causing hardship or an onward sale/purchase as appears to be the case here.

If you can give me the title number of the delayed application I can try and clarify where the issue lies.

If you do not have that then please contact the solicitor involved and ask them to ask us to expedite their application as described.

Lilyburton

Hi there, many thanks for your help - do you have a private email address that I can submit the case ref to please?

Land_Registry wrote: »

I am sorry to read of the difficulties you are facing and the stress felt.

You refer to registering a charge initially but then refer to a discharge on another property so I am unsure what the delay relates to.

Either way if there is a delay then that delay is usually due to a backlog of work. We do have a means whereby the lodging solicitor can ask us to expedite their application and supply documentary evidence that the delay is causing hardship or an onward sale/purchase as appears to be the case here.

If you can give me the title number of the delayed application I can try and clarify where the issue lies.

If you do not have that then please contact the solicitor involved and ask them to ask us to expedite their application as described.

Lilyburton

Hi there


Further to my question yesterday, we have just been told by our developer that if we don't receive confirmation that our case is expedited by Land Registry in the next week the house that we our buying (that we agreed to buy 6 months ago) will be remarketed, which will result in us losing the property and the collapse of the entire chain.


Please can someone help as this is causing so much distress?


Many thanks

Land_Registry wrote: »

I am sorry to read of the difficulties you are facing and the stress felt.

You refer to registering a charge initially but then refer to a discharge on another property so I am unsure what the delay relates to.

Either way if there is a delay then that delay is usually due to a backlog of work. We do have a means whereby the lodging solicitor can ask us to expedite their application and supply documentary evidence that the delay is causing hardship or an onward sale/purchase as appears to be the case here.

If you can give me the title number of the delayed application I can try and clarify where the issue lies.

If you do not have that then please contact the solicitor involved and ask them to ask us to expedite their application as described.

Lilyburton

Hi there


Further to my question yesterday, we have just been told by our developer that if we don't receive confirmation that our case is expedited by Land Registry in the next week the house that we our buying (that we agreed to buy 6 months ago) will be remarketed, which will result in us losing the property and the collapse of the entire chain.


Please can someone help as this is causing so much distress?


Many thanks

Slithery

Have you posted your reference number yet so LR can look into it?

wesley.pearce

Hi there,

We're in the middle of purchasing a property which we understand is unregistered. We've been sent a copy of the underlease, but the boundary outlined doesn't seem to match any physical marker in the property - there seems to be a large strip of land at the back of the garden, which no-one else has access to apart from us, but isn't included in the boundary? At the very back of this is a fence, which borders the whole road.

As part of the first registration, will the Land Registry re-look at the boundary in person, and is it likely that that piece of land would be included? Can boundaries be changed?

Looking forward to hearing your thoughts!

G_M

wesley.pearce wrote: »

Hi there,

We're in the middle of purchasing a property which we understand is unregistered. We've been sent a copy of the underlease, but the boundary outlined doesn't seem to match any physical marker in the property - there seems to be a large strip of land at the back of the garden, which no-one else has access to apart from us, but isn't included in the boundary? At the very back of this is a fence, which borders the whole road.

As part of the first registration, will the Land Registry re-look at the boundary in person, and is it likely that that piece of land would be included? Can boundaries be changed?

Looking forward to hearing your thoughts!

Are you doing the conveyancing yourself? If yes, clearly you should not be, especially as this is a first registration.

If not, simply point out to your solicitor the discrepancy between the physical boundary and the boundary marked on the Plan . That's his job.

JWri

Land Registry Master Title Application on New Build Property

Hi Land Registry
Am hoping that someone may be able to clarify the position with regards to the process and time involved when the Seller's solicitor makes application to register the Master Title with HM Land Registry please.
Due to the Christmas/New Year break, the Seller's solicitor has literally just posted out the Application. This is the only thing which is holding up completion of the sale and I have already withdrawn my notice to vacate my rental property once.
I have been led to believe, by the Developers/Sellers, that as it can take up to 6 month to complete Master Title registration with the LR, it is not unusual (for new build properties) to proceed to completion using the allocated title number once the application has been submitted, rather than when the application is completed . Is this correct?
My Conveyancer has told me that they "are not content to proceed without the master title having been registered. If we were to complete and there were then any issues with the registration, you will have paid the purchase price and we would then be unable to complete the registration."
I respect that they are looking after my interests, I would not expect any less, but are they being intransigent, or am I simply missing the point and they should be able to push for completion whilst waiting for Master Title registration?
Sorry if I am confused, but just looking for advice from those in the know. Many thanks indeed for your help. My Landlord is pushing me to give a definitive date for leaving the rental property, and have already had 2 x viewings this week. Additionally my mortgage offer will expire early March.

Land_Registry

wesley.pearce wrote: »

Hi there,

We're in the middle of purchasing a property which we understand is unregistered. We've been sent a copy of the underlease, but the boundary outlined doesn't seem to match any physical marker in the property - there seems to be a large strip of land at the back of the garden, which no-one else has access to apart from us, but isn't included in the boundary? At the very back of this is a fence, which borders the whole road.

As part of the first registration, will the Land Registry re-look at the boundary in person, and is it likely that that piece of land would be included? Can boundaries be changed?

Looking forward to hearing your thoughts!

If the deeds are submitted then we will rely in those as proof if ownership. If the application is to register 'extra land' then we may exclude it or query it with the applicant depending on circumstances

If they claimed ownership then that would trigger a site visit if the claim stacked up

First rule of conveyancing where there is a mismatch re deeds and boundaries is to query what's what with seller. Without their answers you really don't know what questions to ask at this stage. The devil is always in the detail.

Only caveat I have re the above is that you refer to an 'underlease' and 'first registration' so what's actually being sold and then registered for the first time? And who has the freehold/head lease and are they registered. Plenty to ponder it seems and not just the boundary

shortyk

Hi,

We put an offer in on a property last May. As the property was not registered with the Land Registry we had to wait for the first registration to be completed before the sale went forward (we will have a mortgage) which, even though was expedited, did not come through till very late November.

We noticed on the plans that the patio was not included, to cut a long story short - our conveyencer has now agreed with the sellor's solicitor that before the sale goes ahead that the sellor apply for ownership via adverse possession (the land is unregistered) with the land registry. The sellor has lived there for 30 years and has gained statements from the previous owners and a neighbor.

We are wondering on average how long these applications are currently taking? (I appreciate there will be individual variations accourding to each case). We are now in our eighth month and are moving to a new area for jobs etc and it is becoming extremely stressful. We understand the sellor is applying for expedition.

Thanks in advance.