Land Registry questions

nunu123

Thank you Land Registry,
I have just found out that the UNITED KINGDOM TEMPERANCE AND GENERAL PROVIDENT INSTITUTIONS has dissolved as of August 2018, so very recently.
Does this change anything?
How could I go about having the leasehold removed?
Again, thank you

ajs987

Hello,
My mother has passed away and in her will left the family home to be split 50:50 between me and my brother (who lives overseas). Probate has been obtained and my brother and I are the executors of the estate. I still live in the house and have agreed to buy out my brother's 50% share of the property. I have now discovered that the house is not registered with Land Registry. I have a copy of the deeds and these date back to the 1960's when my parents bought the house new. Can you please advise on the process I need to follow (forms to fill in, etc.) in order for me to transfer the house into my name, whilst buying out my brother's share of the house. I am thinking of using a solicitor but am concerned about how much this would cost. Any advice or suggestions would be most welcome. Thank you.

ajw1100

Can you amend Land Registry restrictive covenants?

Thank you for your reply, this is very much appreciated.
In your reply you have said:
Such covenants bind the land/property for the benefit of other land/property rather than a named individual such as the original vendor. The covenanting clause, not shared, is key to understanding which land/property has the benefit.
Any amendment or release would invariably only be possible if you got the current owner(s) of that land/property to agree.

Just to clarify, my wife and I hold the freehold on the property which I assume includes the plot of land it stands on, so not sure how the above applies.

G_M

* this follows the death of a sole registered owner of a registered property
* no Mortgage
* the sole Executer is also the sole beneficiary
* Probate has been granted
* Form AS1 has been completed

My question relates to Panels 12-14 on Form AP1 to accompany AS1 (and the Grant & fee)

LR Guidance on ID states:

confirmation of identity is still required for the beneficiary under an assent (except in the case where someone is assenting the property to themselves)

My understanding is that the Grant of Probate is sufficient ID.

However, Panels 12 - 14 on Form AP1 do not have the option for this scenario, and require the applicant to either be a conveyancer, or to complete ID1.

Please advise how to complete the Panels.

mpr87

Hi


Sorry if this gets a bit long winded or confusing.



Myself and my Girlfriend have just put an offer in on a house. Not accepted but it's a reasonable offer and I am just doing my homework so that if it is accepted it can hopefully go as smoothly as possible.



the property we are looking at last sold in 2015 and websearches and price listing websites suggest it was sold as a leasehold. We asked when viewing and the owner (who i think had bought this as a first time buyer themselves ) said that he was under the impression it was £5 a year ground rent but they have never heard or received anything bill wise and it would seem it was something they knew or asked about when buying and he only thought about it the first time they had a viewing and was asked the question.



to try and get a bigger picture I spent around £12 buying the title deeds register for the property but also the neighbouring property just for something to compare to as that is a leasehold.



The first thing that struck me on the land registry is that for the property we are looking at there was only one "freehold" listing whereas the neighbouring property and any others that I know are leashold would show a free hold and a leasehold listing.



anyway the deeds for the neighbouring property states "the leasehold land shown edged...." etc on the property register.

the same document also has a pretty clear Date, Term, Rent and parties listing for the short particular of the lease say £15 a year for 999 years from 1970 for example. (not the real figures)



The deed for the property we have offered on with the vendor believing is leasehold actually starts


"the freehold landshown edged"... and there are no particulars mentioned about any leases etc.



The only thing I have spotted is the following paragraph:


"The Vendor hereby grants to the Purchaser and its successors in title
the same rights and easements over any retained land of the Vendor as
were granted by the Leases for the respective properties as if the same
were repeated herein in full BUT THERE IS EXCEPTED AND RESERVED TO THE
VENDOR and its successors in title to the retained land the same rights
and easements over the properties hereby conveyed as were excepted and
reserved by the Leases for the respective properties as if the same
were repeated herein in full".




Maybe I am going overboard here when our offer hasn't officially been accepted yet but could the property actually be freehold afterall and the seller has just misunderstood/had a poor solicitor who hasn't advised? Or could there potentially be some leaseholder out there not noted that could potentially cause an issue?



reading between the lines I feel like maybe a prior owner has bought the freehold and the 2 have merged



Sorry I know this is probably something more for a solicitor but I'm just trying to do a bit of digging before I start spending and potentially wasting money, If there is anyone who can offer any sort of understanding/guidance it would be appreciated.



Regards,



Martin.

G_M

mpr87 wrote: »

Hi
.......

Regards,

Martin.

Duplicate post:
https://forums.moneysavingexpert.com/discussion/comment/75344396#Comment_75344396

Land_Registry

nunu123 wrote: »

Thank you Land Registry,
I have just found out that the UNITED KINGDOM TEMPERANCE AND GENERAL PROVIDENT INSTITUTIONS has dissolved as of August 2018, so very recently.
Does this change anything?
How could I go about having the leasehold removed?
Again, thank you

Our Practice Guide explains how an application to cancel a noted lease can be made

I don't think the named organisation us relevant to the noted lease - you contacted us through a few channels to query as well

Land_Registry

ajs987 wrote: »

Hello,
My mother has passed away and in her will left the family home to be split 50:50 between me and my brother (who lives overseas). Probate has been obtained and my brother and I are the executors of the estate. I still live in the house and have agreed to buy out my brother's 50% share of the property. I have now discovered that the house is not registered with Land Registry. I have a copy of the deeds and these date back to the 1960's when my parents bought the house new. Can you please advise on the process I need to follow (forms to fill in, etc.) in order for me to transfer the house into my name, whilst buying out my brother's share of the house. I am thinking of using a solicitor but am concerned about how much this would cost. Any advice or suggestions would be most welcome. Thank you.

Our online short guide explains what is needed

The Transfer by the executors to you will trigger the need to register for the first time

Land_Registry

G_M wrote: »

* this follows the death of a sole registered owner of a registered property
* no Mortgage
* the sole Executer is also the sole beneficiary
* Probate has been granted
* Form AS1 has been completed

My question relates to Panels 12-14 on Form AP1 to accompany AS1 (and the Grant & fee)

LR Guidance on ID states:
My understanding is that the Grant of Probate is sufficient ID.

However, Panels 12 - 14 on Form AP1 do not have the option for this scenario, and require the applicant to either be a conveyancer, or to complete ID1.

Please advise how to complete the Panels.

Complete to state not a conveyancer and add a short note to confirm ID not required as sole party is the named executor

Land_Registry

ajw1100 wrote: »

Can you amend Land Registry restrictive covenants?

Thank you for your reply, this is very much appreciated.
In your reply you have said:
Such covenants bind the land/property for the benefit of other land/property rather than a named individual such as the original vendor. The covenanting clause, not shared, is key to understanding which land/property has the benefit.
Any amendment or release would invariably only be possible if you got the current owner(s) of that land/property to agree.

Just to clarify, my wife and I hold the freehold on the property which I assume includes the plot of land it stands on, so not sure how the above applies.

The current iwners of that benefiting land. So not you and your wife as you own the land which is bound by the restrictive covenants. I suspect they benefit the land the vendor owned at the time they developed and sold the plot so if the development comprised say 40 plots the other 39 landowners now have that benefit

You'll need to check and confirm that by reading the covenanting clause