Land Registry questions

Land_Registry

mpr87 wrote: »

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.

If there's only a freehold title for the property and no lease noted against it then it's freehold.
The listing gets you to the available details but the register itself carries the key information
You are essentially carrying out the same checks your conveyancer will also make

Dina

Hello, I am filling in the AP1 form and finding it a little confusing. I have read the guide, but it doesn't answer all my questions. I have obtained Probate and now want to transfer the flat my Dad owned to both my sister and I. He was the sole owner and there is no mortgage. I've come to panel 4 and am not sure how to proceed. Is the application type "assent" and do I need to complete two lines, one for me and one for my sister? Any help from LG would be greatly appreciated.

G_M

Yes, it's an assent.
No, one line only - you only send one AS1 with the AP1.

I assume you are the exeutor and have either Death Cert and/or Grant?

See also post 1081 above as my scenario was identical (though my question was different).

Dina

I am the executor, I have the Death Certificate and the Probate doc, sorry I forget what it's called.

So is it that I enter Assent as one line, and then give the details for it go to both my sister and I elsewhere in the form?

Land_Registry

Dina wrote: »

Hello, I am filling in the AP1 form and finding it a little confusing. I have read the guide, but it doesn't answer all my questions. I have obtained Probate and now want to transfer the flat my Dad owned to both my sister and I. He was the sole owner and there is no mortgage. I've come to panel 4 and am not sure how to proceed. Is the application type "assent" and do I need to complete two lines, one for me and one for my sister? Any help from LG would be greatly appreciated.

Panel 4 should just refer to 'Assent' and then the current market value of the property to enable us to assess the correct registration fee

The Assent is by the executor to the two of you as beneficiaries so your names would be included in panel 6 as the 'applicant'

There are notes to assist with completing the AP1

Dina

Thank you, I have read the notes also. I am the executor as well as one of the two beneficiaries. I thought I was the applicant because I am the executor but I will enter our two names instead.

Are there some notes anywhere on what documents I need to lodge with the form?

G_M

You need to send 5 things:


* Form AP1
* Form AS1
* Form ID1 for the 2nd Beneficiary
* (Form ID1 is not needed for you as 1st Beneficiary as you are identified by the Grant of Probate)
* Grant of Probate
* cheque for the correct amount payable to 'Land Registry'


(I'm sure the LR Rep will correct the above if I'm wrong)

Land_Registry

G_M wrote: »

You need to send 5 things:

* Form AP1
* Form AS1
* Form ID1 for the 2nd Beneficiary
* (Form ID1 is not needed for you as 1st Beneficiary as you are identified by the Grant of Probate)
* Grant of Probate
* cheque for the correct amount payable to 'Land Registry'

(I'm sure the LR Rep will correct the above if I'm wrong)

All correct - i'd suggest sending an official copy of grant of probate rather than the original. You can get official copies of such documents which are provided for such purposes. You will get it back.

Our online short guide links you to the details needed and the forms AP1 and AS1 also include links to notes on how to complete and what is required

JR__2

I don’t know if I’ve come to the correct thread, but I was just wondering if anyone could help me or send me to the right direction. My naigbours moved in next to me a year ago, informed me that they were building an extension, so I then informed my father (who owns the house that I’m living in). They were building their extension pretty quickly. My father came round and informed me that he hadn’t received anything through the post about them doing the work and how that he should of been given some sort of notice. When he checked their extension, he then realised that they’re over our garden by 3 metres. He spoke to the guy next door, and said about getting a party wall agreement, planning permission and how he’s over our land. He argreed that he’d sort it out. 3 months down the line he’s now started building his extension again. I spoke to him as he got his builders to knock down their extension walls so that they could put cement at the bottom of the base (this was his way of saying he wasn’t tresspassing) on our side of the wall. He then proceeded to finishing his extension. I mentioned that he’s still on our land and he said ‘well that’s undecided’. He said that by getting a party wall agreement it’s too expensive and that he’s going to carry on with his extension as he has to ‘protect his investment’. I wrote a letter to my local council and they replied with they’re in the process of getting planning permission, and they don’t have to have ownership of the land for that. As well as that it’s a civil matter and that we’d have to claim legal advice. We have now gotten a solicitor involved and they have wrote a letter to them, but how they are it makes me think that they’ve ignored it. I just don’t know what else I can do?

Land_Registry

JR_ wrote: »

I don’t know if I’ve come to the correct thread, but I was just wondering if anyone could help me or send me to the right direction. My naigbours moved in next to me a year ago, informed me that they were building an extension, so I then informed my father (who owns the house that I’m living in). They were building their extension pretty quickly. My father came round and informed me that he hadn’t received anything through the post about them doing the work and how that he should of been given some sort of notice. When he checked their extension, he then realised that they’re over our garden by 3 metres. He spoke to the guy next door, and said about getting a party wall agreement, planning permission and how he’s over our land. He argreed that he’d sort it out. 3 months down the line he’s now started building his extension again. I spoke to him as he got his builders to knock down their extension walls so that they could put cement at the bottom of the base (this was his way of saying he wasn’t tresspassing) on our side of the wall. He then proceeded to finishing his extension. I mentioned that he’s still on our land and he said ‘well that’s undecided’. He said that by getting a party wall agreement it’s too expensive and that he’s going to carry on with his extension as he has to ‘protect his investment’. I wrote a letter to my local council and they replied with they’re in the process of getting planning permission, and they don’t have to have ownership of the land for that. As well as that it’s a civil matter and that we’d have to claim legal advice. We have now gotten a solicitor involved and they have wrote a letter to them, but how they are it makes me think that they’ve ignored it. I just don’t know what else I can do?

You need to stick with your legal advice and legal action as appropriate to evict them from your land as appropriate.

The registered details should confirm your ownership and theirs. 3m is a significant 'miss' when it comes to where the boundary lies.

Planning deals with size, style, materials used etc and whether the applicant owns the land is not something the council would investigate. I imagine that is because the expectation is that any issues over iwnership is between the applicant and the legal owner IF they are not the same