Land Registry questions

babyblade41

silvercar wrote: »

Out of interest, is your backlog getting better or worse?

It seems to be getting longer, but that may be a false perception based on people's queries always being for problems rather than reporting when everything goes smoothly (and speedily).

Given that the press is reporting a slowdown in house purchases, I would have thought that LR would have a chance to reduce waits.

Just curious.

All I can say as they have been incredibly quick.. we had an adverse possession to go through unexpectedly and their time scale s were spot on and in fact were quicker
When everything finally went through the change after completion must have happened within 2 weeks
Some problems are longer but LR rely on solicitors to get the relevant information across
Frustrating as it is when a sale relies on it, but they are very efficient

Land_Registry

silvercar wrote: »

Out of interest, is your backlog getting better or worse?

It seems to be getting longer, but that may be a false perception based on people's queries always being for problems rather than reporting when everything goes smoothly (and speedily).

Given that the press is reporting a slowdown in house purchases, I would have thought that LR would have a chance to reduce waits.

Just curious.

As a whole it's fairly steady but you have a wide variety of 'type' of application and they tend to vary a bit more.
New builds and new leases tend to witness the most significant delays but they too can vary with say a new development being registered say more quickly than say an individual transaction. 40 identical plot transfers can be processed quite quickly in some cases which can affect the average timescales - I should stress the backlog tends to be 'wait time' between receipt and consideration/registration of course.

Every day transactions, which are the majority, such as a discharge, transfer and charge are back to an average of 8 working days from 9 currently. That may seem small but we are talking 1,000s of applications counting towards that average so a single day is significant.

There is a slow down as you suggest but that can take a few months to work its way through to us. You can check the current figures and timescales on GOV.UK

Land_Registry

bigstevex wrote: »

In the Charges section of LA898100, number 2 states land is subject to rights granted by a deed (names inserted here).... etc etc Original Filed under LA619346 but then when you read into LA619346 it directs you to look at LA660095 (But this plan doesn't exist on land registry, it's only referred to in this document and we have indemnity insurance related to this because of the unknown covenants and missing title plan). It's around this basis our solicitor has said we can't build on it and made us sign that we wont but can't elaborate why we can't build on it, we end up in an infinite loop with this question because of the missing plan.
(FYI, there's a comment in the charges section of LA619346 - point 9 which refers to LA660095 but I'm not sure on what it's referring to.)

But additionally to this when you read the fourth schedule of the deeds for LA898100 (I assume you have access to the deeds), point number 4 of the fourth schedule states ' TO Leave open and unbuilt upon and at all times free from obstruction the land shown coloured blue on the plan.' But the picture attached to this deed is the one of the driveway coloured blue and not the land to side of the house. (as per https://ibb.co/2qVtF6F)

Hence, on the current title plan LA898100 this blue land (driveway) mentioned in the deeds is now hatched brown, but why is there blue land to the left of the house at all if there's nothing in any of the documents we have stating as you say, you can't find anything saying we can't build on it.


Fyi, I completely agree with you that there's nothing clear saying we can't build on it but as I say our solicitor has made us sign something and when I've read about building on land that has restrictions, they can make you demolish it, we definately don't want this to happen. We're not looking to build for another year or so hence plenty of time to clear the issue up but have to be careful in what we do so we don't invalidate the indemnity policy we have

Firstly, entry C2 of LA898100 explains how the title is subject to the rights granted by the 1990 Deed so it’s the Deed and it’s wording you need to be reading for those rights. Not the registered title under which it is filed, namely LA619346. So I am unclear why you/your solicitor are mixing in title LA619346 when the reference to it is simply to confirm where the copy Deed we have is filed.

Secondly, the 4th schedule and plan you refer to are from the same 1990 Deed. The references to ‘blue land’ in that Deed are in relation to the colouring on the Deed plan only.
The title plan refers to blue land for a very different reason so you should not be mixing the two.

I'd recommend going back to your solicitor to understand what it is you have signed and why as I can;t see why you are in the loop you suggest unless there is more to it, which only your solicitor can advise on/confirm

Land_Registry

davemorton wrote: »

A question please.
I am in the process of buying a leasehold house (DU12268). Length left on the lease is about 940 years.
It turns out that the sellers solicitor has lost the lease, and since the house has never changed hands since the late 60's, it is not registered electronically. The sellers solicitor is having to work with the freeholders legal team and reconstruct the lease. I have been inform that they have just submitted the first registration with HM Land Registry.
How long does this process usually take please, and once it is done, when I buy the house will I get absolute title, or possessory title?

The title number quoted is for an Absolute Freehold title covering a number of properties. We have a single application against that title at present which relates to a Transfer of part of that freehold title, namely one of those properties.

I assume you mean that the property you are buying is also subject to a noted lease on that same freehold title but which has not been registered in it's own right with a leasehold title.

If that is your application to register the seller's freehold purchase then they should get an Absolute Freehold title referring to the noted lease. Possessory title would not come into it.
The application was submitted on 7th Jan and the current average timescale is around 54 working days

bigstevex

Land_Registry wrote: »

Firstly, entry C2 of LA898100 explains how the title is subject to the rights granted by the 1990 Deed so it’s the Deed and it’s wording you need to be reading for those rights. Not the registered title under which it is filed, namely LA619346. So I am unclear why you/your solicitor are mixing in title LA619346 when the reference to it is simply to confirm where the copy Deed we have is filed.

Secondly, the 4th schedule and plan you refer to are from the same 1990 Deed. The references to ‘blue land’ in that Deed are in relation to the colouring on the Deed plan only.
The title plan refers to blue land for a very different reason so you should not be mixing the two.

I'd recommend going back to your solicitor to understand what it is you have signed and why as I can;t see why you are in the loop you suggest unless there is more to it, which only your solicitor can advise on/confirm

Hi, Thank you for taking time to look through them. We raised most of that with solicitor about the reason for the blue land too and that he was mixing the reasons up.

The paperwork we signed is just the pre contract info pack explaining everything he had found about the property, it doesn’t refer to anything specifically, so it’s not something anyone else has a copy of.

silvercar

Land_Registry wrote: »

As a whole it's fairly steady but you have a wide variety of 'type' of application and they tend to vary a bit more.
New builds and new leases tend to witness the most significant delays but they too can vary with say a new development being registered say more quickly than say an individual transaction. 40 identical plot transfers can be processed quite quickly in some cases which can affect the average timescales - I should stress the backlog tends to be 'wait time' between receipt and consideration/registration of course.

Every day transactions, which are the majority, such as a discharge, transfer and charge are back to an average of 8 working days from 9 currently. That may seem small but we are talking 1,000s of applications counting towards that average so a single day is significant.

There is a slow down as you suggest but that can take a few months to work its way through to us. You can check the current figures and timescales on GOV.UK

Thank you.

Actually reassuring to see the wait is so short. When you answer posts, like the one today, with waits of 54 days, these figures tend to stick in your mind. Whereas the average for straight forward transactions is reassuring.

davemorton

Land_Registry wrote: »

The title number quoted is for an Absolute Freehold title covering a number of properties. We have a single application against that title at present which relates to a Transfer of part of that freehold title, namely one of those properties.

I assume you mean that the property you are buying is also subject to a noted lease on that same freehold title but which has not been registered in it's own right with a leasehold title.

If that is your application to register the seller's freehold purchase then they should get an Absolute Freehold title referring to the noted lease. Possessory title would not come into it.
The application was submitted on 7th Jan and the current average timescale is around 54 working days

Thats the one, many thanks for the reply. :beer:

karenj2610

Hello can you help with a restriction B136(HSS)
We are trying to sell my mothers house and the council who hold this restriction are not moving on removing restriction. The house will be repossessed on 26th Feb if we don’t allow the sake to go through. They only gave a second restriction as Aviva have the first.

karenj2610

We are in process of selling my mums house there is a restriction. B136 (HSS)
The council are not budging in this and won’t allow removal even on assurance that any proceeds that are surplus to satisfying the 1st charge are placed in solicitors account until a reassessment if my mother’s care costs are established. We will loose our buyer in 26 Feb when the bailiffs will go in an repossession property. Can you help we are rather desperate.

G_M

I don't see how the Land Registry can help.


The council have to remove the charge. You could request the LR to remove it but they will seek the council's agreement.


If tere is a time constraint on your sale, you will need to urge the council to speed up their assessment of the care costs so as to establish what they are owed.