Land Registry questions

davidmcn

Sally_Forth wrote: »

As this is Scotland I'm not certain it works the same way, but in England/Wales a restriction should be applied for if you were not being registered as owner outright, but just a beneficiary.
The restriction would appear in this form

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.

If there is something similar on what you have, then you may not be registered as outright owner but your beneficial interest is perhaps what has been registered

None of the above is relevant for Scotland.

Sally_Forth

davidmcn wrote: »

None of the above is relevant for Scotland.

Out of interest, how does ROS protect the beneficial interests of others besides the registered proprietor (and how do I multi quote...)

davidmcn

Sally_Forth wrote: »

Out of interest, how does ROS protect the beneficial interests of others besides the registered proprietor (and how do I multi quote...)

The easy answer to that is that we don't have the concept of beneficial interests in Scotland...

In practice though, executors wouldn't register their interests, and as I said above, a transfer to beneficiaries isn't typically registered either. On the registers the property usually remains in the deceased's name until the beneficiary transfers title to anybody else. So there's not usually a need to prevent the registered proprietor from dealing with the property (unless granny isn't really deid).

Sally_Forth

davidmcn wrote: »

None of the above is relevant for Scotland.

davidmcn wrote: »

The easy answer to that is that we don't have the concept of beneficial interests in Scotland...


In practice though, executors wouldn't register their interests, and as I said above, a transfer to beneficiaries isn't typically registered either. On the registers the property usually remains in the deceased's name until the beneficiary transfers title to anybody else. So there's not usually a need to prevent the registered proprietor from dealing with the property (unless granny isn't really deid).

That's a very interesting difference between the two systems, I have family in Scotland. Perhaps on my next visit I could request a few days visit to the closest office, not that a few days would be enough, but I would be very interested to see the differences in our work.

Land_Registry

Joeread wrote: »

Hi

I am buying a house and in part C Charges Register it has the following (in brief)

1. conveyance of land in this tittle 1929

2. (8.3.1977) Registered charge dated 2. February 1977 to secure the moneys including the further advances therein mentioned

3. (12.11.2006) proprietor: Bank Of Scotland of Halifax Division

I guess 1929 is when it was built and 1977 is when the person we are buying from bought it, What is the 12.11.2006 part? the current owner has lived in the property since 1977 but we dont know what the Bank Of Scotland bit is about?

Hope you can help

1929 may be the date it was built but it may not be. We don't register the date if building it age if a building. We register the land but older deeds may offer a clue as to building age but no more.

1977 was the date the legal charge (mortgage) was secured against the title
Entries 2 and 3 go together so 3 provides the details if the lender.
2006 is the date the lender changed their name and address

VVP

Hi,

Was wondering if you could be of assistance. I want to obtain a copy of a leasehold. Went on land registry website but was only able to buy the summary of title.


Kindly advise on where to obtain a copy.


Thanks

Sally_Forth

VVP wrote: »

Hi,

Was wondering if you could be of assistance. I want to obtain a copy of a leasehold. Went on land registry website but was only able to buy the summary of title.

Do you mean you want to obtain a copy of the lease? It sounds like summary of title means you can only get the freehold and leasehold title online (£3 in England/Wales)

If you want a copy of a lease you need to apply in form OC2. A lease is not available online but you can get the form OC2 online. You will need to fill in the form and send it to Land Registry (again, England/Wales) by post
I think it costs £7.
Search for land registry OC2, make sure you use the gov uk site.

Land_Registry

VVP wrote: »

Hi,

Was wondering if you could be of assistance. I want to obtain a copy of a leasehold. Went on land registry website but was only able to buy the summary of title.

Kindly advise on where to obtain a copy.

Thanks

Only the register and title plan are available online. IF you mean that you want a copy of the lease itself then you can apply for a copy by post

Diddydot

Hello, my husband has seen a house and fell in love. When we went to view it the owner was very forward and said that there is two covenants on the property. 1) was no caravans and 2) no extensions. The property was originally built on the beneficiary’s land. The vendor has said that he beneficiary is willing to remove it. The house is lovely but I would like more space upstairs and intend to extend above the garage for an additional bedroom. I’m looking for the cheapest and fastest way to do this. I have had two properties already fell through and I have no intention of going for another unless I’m sure. I would like this taken off the dress before I make a purchase. Can you please advise.

da_rule

Diddydot wrote: »

Hello, my husband has seen a house and fell in love. When we went to view it the owner was very forward and said that there is two covenants on the property. 1) was no caravans and 2) no extensions. The property was originally built on the beneficiary’s land. The vendor has said that he beneficiary is willing to remove it. The house is lovely but I would like more space upstairs and intend to extend above the garage for an additional bedroom. I’m looking for the cheapest and fastest way to do this. I have had two properties already fell through and I have no intention of going for another unless I’m sure. I would like this taken off the dress before I make a purchase. Can you please advise.

Depends on the exact wording of the covenant. Some state “no XXXXX with the consent of...”, some just state “no XXX”. If it’s the consent version then you could simply ask for consent now.

Alternatively the covenants could be released. This would need to be done by deed between the beneficiary of the covenant and the owner of the serviant land.