Land Registry questions

tomyeah

Land_Registry wrote: »

That all depends on what has been submitted and what is being rectified. If they have applied to register a Transfer of an already registered title from the Council to your seller then that should not take too long and should not need expediting.

Of it is something more complex and expedition is approved then it should be considered within 10 working days of it's expedition. Everything then depends on it's being on order.

You'll need to confirm the exact details with your solicitor/the seller to understand possible timeframes as nothing you have posted here is specific enough to provide anything other than a general response. They should have that level of detail though and be able to share it.

Hi, I've had a reply from our sellers solicitor with a bit more information (I don't think what I initially stated was correct, sorry!)

Further to our conversation this afternoon, I confirm that we have applied to the Land Registry to register our clients’ (the Seller) title.

This is not normally necessary, as a property can be sold as unregistered land. However, the Land Registry have erroneously included our clients’ freehold title in a registered title of land that the council own. The Land Registry have advised that they are aware of such errors being made and if we apply to register our clients’ title then they will rectify the issue. We have provided written confirmation from the council that they will not object to our application, as they acknowledge the error made.

I will advise further, once I hear from the Land Registry.

Do you know how long something like this will take to rectify? I believe it was requested before the Christmas break and asked to be expedited.

Land_Registry

JWri wrote: »

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 This is the only thing which is holding up completion of the sale and I have already withdrawn my notice to vacate my rental property once.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.

Very much up to you and your conveyancer to decide when you proceeed/complete. In my experience it is often your lender who ultimately influences/decides though but something to confirm with your conveyancer.

Again in my experience completion can occur in such circumstances but it's the detail that counts so there is no generic right/wrong scenario.

Where there is an urgency associated with an application the lodging conveyancer can ask us to expedite it. In thus case that's not your conveyancer so it may be harder to achieve but worth asking.

6 months appears to be a common timescale quoted by conveyancers in light of the backlog of work we have. That seems a tad pessimistic but I imagine they are combining other conveyancing timescales in that calculation. The bottom line though is that without expedition it is likely that it will take longer than you want it to.

Land_Registry

tomyeah wrote: »

Hi, I've had a reply from our sellers solicitor with a bit more information (I don't think what I initially stated was correct, sorry!)

Further to our conversation this afternoon, I confirm that we have applied to the Land Registry to register our clients’ (the Seller) title.

This is not normally necessary, as a property can be sold as unregistered land. However, the Land Registry have erroneously included our clients’ freehold title in a registered title of land that the council own. The Land Registry have advised that they are aware of such errors being made and if we apply to register our clients’ title then they will rectify the issue. We have provided written confirmation from the council that they will not object to our application, as they acknowledge the error made.

I will advise further, once I hear from the Land Registry.

Do you know how long something like this will take to rectify? I believe it was requested before the Christmas break and asked to be expedited.

If it's as clear cut as they state then hopefully not too long, perhaps 2/3 weeks IF everything goes as expected. If we have to do a site visit then that can add a delay. And it's possible we may also write to the Council to confirm.

Do you know the title numbers involved?

Land_Registry

shortyk wrote: »

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.

IF expedition happens then it should be considered with 2 weeks. If it's unregistered and the claim is in order then we are likely to require a site visit/survey which can add another 2 weeks

The devil will be in the detail though so without knowing those it's impossible to give an accurate timescale

JWri

Thank you Land Registry for your response. It is much appreciated. I think that it is best I ask the Seller if their solicitor would consider the option to expedite. It is worth a try anyway!

Land_Registry

Lilyburton wrote: »

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

You can use customer.service@landregistry.gov.uk and please refer to MSE and your user name in the content

SH_Oxfordshire

If:
1. according to Land Registry document - now in the name of a single proprietor but there is a Restriction in place under Section B indicating a Tenants in Common ownership and
2. there is a will for the deceased that 'wills' their share of the property to others
3. But there is no Trustee appointed
Note: Two Executrices were appointed (one the other Tenant in Common)and Probate granted -

Questions:
a. What is the legal standing?
b. Are the two Executrices the Trustees?
c. Do points 1&2 still apply with the need to appoint a Trustee and if so, can a Trustee be appointed?
d. Do points 1& 2 not apply as there is no Trustee in place


Thanks for all and any advice

Land_Registry

SH_Oxfordshire wrote: »

If:
1. according to Land Registry document - now in the name of a single proprietor but there is a Restriction in place under Section B indicating a Tenants in Common ownership and
2. there is a will for the deceased that 'wills' their share of the property to others
3. But there is no Trustee appointed
Note: Two Executrices were appointed (one the other Tenant in Common)and Probate granted -

Questions:
a. What is the legal standing?
b. Are the two Executrices the Trustees?
c. Do points 1&2 still apply with the need to appoint a Trustee and if so, can a Trustee be appointed?
d. Do points 1& 2 not apply as there is no Trustee in place


Thanks for all and any advice

We cant give you legal advice so if others don't post replies then you may wish to create own thread on wider forum

From a purely registration perspective the legal ownership has passed to the surviving owner but the form A restriction, I assume that is the one you mean here, can restrict he/she IF selling/mortgaging for example, namely if capital monies are involved.

If he/she sells then someone else needs to be appointed to act with them to take receipt of those monies. It does not have to be a fellow executor, trustee or relative - it can be anyone

The form A restriction is not definitive as to their being TIC but is often seen as such.

tomyeah

Land_Registry wrote: »

If it's as clear cut as they state then hopefully not too long, perhaps 2/3 weeks IF everything goes as expected. If we have to do a site visit then that can add a delay. And it's possible we may also write to the Council to confirm.

Do you know the title numbers involved?

I asked the solicitors and they replied with this:

We are waiting on registration so there is no title number as this is what we are waiting for. The freehold number though is EX 982823. This may help but may not apply. The land number is EX770649.

Does that help with potential timeframes at all?

Thanks in advance!

kirkbystag1

HI

At the bottom of our rear garden is a boundary of brick pillars with fencing panels in between. The pillars were built by the developers in the 90s.

The previous owner of the house behind us changed the fence panels without our knowledge. These are only about 5ft tall and don't give much privacy or security as our garden backs onto the drive of the other house.

When the new owners moved in I asked then if they minded if I erected some trellis and screening to my side of the fence panels. They agreed to this but are now asking me to take it down. The trellis and screening is still in good repair.

As the brick pillars were built by the developers am I able to take the trellis off the fence panels and fix it to the brick pillars without any repercussions?

Also are the neighbours able to take down the trellis off the fence panels without my approval?

Many thanks