Land Registry questions

Diddydot

How can you get he covenant released. The buyer has had verbal permission and had a caravan on the land when we arrived. But I’m not sure. I think I would like it removed to be safe and sure incase further down the line the benefactors property is sold or inherited and they are not so agreeing. If that makes sense.

G_M

Diddydot wrote: »

How can you get he covenant released. The buyer has had verbal permission.

See post 1112 above

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.

Land_Registry

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.

You'll need to identify which land benefits from the covenants and then ask the current owner(s) to release them. As posted this would be by way of a legal deed.

I don't quite understand the sentence 'The property was originally built on the beneficiary’s land' though as this would contradict the fact that it is bound by the restrictive covenant

If you want it done before you buy then that will be something to negotiate with the seller

Dina

Land_Registry wrote: »

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

Thank you. Could you please help me with Panel 14? I can't see many notes on this panel in the guidance. I'm not sure whose details I need to enter. The flat I am transferring is a leasehold, so does that mean I need to add the management company name in here? Or is it the names of my sister and I- the applicants?

Land_Registry

Dina wrote: »

Thank you. Could you please help me with Panel 14? I can't see many notes on this panel in the guidance. I'm not sure whose details I need to enter. The flat I am transferring is a leasehold, so does that mean I need to add the management company name in here? Or is it the names of my sister and I- the applicants?

You need to list the separate parties involved in the AS1 so you would have the Transferor and then the Transferee
The Transferor is the executor as named in the probate so you would not need to provide evidence of identity.
However you would need it for the Transferee (Beneficiary) if different to the named executor

Seanbeaumont

Hi,
(Hopefully the correct place to put this?).
I have a farm yard, with a few outbuildings which we rent out. We have 2 neighbors (1 private) and another building (commercial) which have detailed access (on plan) to their locations across our yard, which include numbered parking areas. However one has bought land either side of their commercial property (17yrs ago) and is now looking to build other (small) commercial buildings on them. We have a detailed drawing of right-of-way/access but not to these other locations.
We however are looking to develop our own areas which require the space around the new neighbors plots.
- Do they have automatic right of way or do they need to access the two new areas via the granted access/existing building?
- if automatic rights are given does that stop us developing our space?

Many thanks in advance.

Sean.

aeg85

We've just accepted an offer on our house which is great as we're buying my Uncle's house. Everything is looking good apart from the house is currently Leasehold with only 67 years left which means it's unmortgageable. When we expressed an interest in buying his house he started the ball rolling and found out how much it would be to purchase the Freehold. He has since secured this and has been advised it will take a couple of weeks to register. We have since spoken to a solicitor and they have scared us by saying it could take up to 6 months to register with Land Registry. We are going to port our mortgage over so everything needs to completed on the same day. Is this correct?

Land_Registry

Seanbeaumont wrote: »

Hi,
(Hopefully the correct place to put this?).
I have a farm yard, with a few outbuildings which we rent out. We have 2 neighbors (1 private) and another building (commercial) which have detailed access (on plan) to their locations across our yard, which include numbered parking areas. However one has bought land either side of their commercial property (17yrs ago) and is now looking to build other (small) commercial buildings on them. We have a detailed drawing of right-of-way/access but not to these other locations.
We however are looking to develop our own areas which require the space around the new neighbors plots.
- Do they have automatic right of way or do they need to access the two new areas via the granted access/existing building?
- if automatic rights are given does that stop us developing our space?

Many thanks in advance.

Sean.

Not Qs we can advise you on or answer I'm afraid as they relate to your legal rights and the planning process . Others may be willing to comment but you may prefer to post on another part of the forum to elicit replies

Land_Registry

aeg85 wrote: »

We've just accepted an offer on our house which is great as we're buying my Uncle's house. Everything is looking good apart from the house is currently Leasehold with only 67 years left which means it's unmortgageable. When we expressed an interest in buying his house he started the ball rolling and found out how much it would be to purchase the Freehold. He has since secured this and has been advised it will take a couple of weeks to register. We have since spoken to a solicitor and they have scared us by saying it could take up to 6 months to register with Land Registry. We are going to port our mortgage over so everything needs to completed on the same day. Is this correct?

We do have a backlog of some types of work and the timescales can extend to months although 6 months is an extreme example although many conveyancers appear to quote that to cover the whole conveyancing process in my experience.

IF the application has been submitted and there is a linked transaction, such as a confirmed onward sale, or a particular hardship made worse by any delay then the conveyancer should contact us with evidence to confirm and a request to expedite their application.

If the evidence is sufficient and we can expedite it then it is usually considered within 2 weeks. Everything then depends on it being in order of course

RP12345

Hi,

I was wondering if you could tell me of any avenues i can go down to finding out who built my house.

Thanks