Land Registry questions

Land_Registry

bigstevex wrote: »

Spoke to solicitor today, they said it was around the basis that the transfer document/title plan is missing for the land on LA660095, therefore because it contains unknown restrictions/covenants at the time of transfer (What the indemnity insurance is covering us for), we can't build on it. However I asked again, how the blue bit is on the current title plan for LA898100 if it's come from a none existent transfer doc; to which he refer back to the missing transfer doc for LA660095 and until that exists he can't answer the question (the infinite loop).

You'll have to go with your legal advice here. We can only provide the registered details and it's for your conveyancer/you to then interpret and act upon them as you see fit.

I suspect what your conveyancer is trying to cover for you us entry C1 on LA898100. The confusion I suspect has come from widening the focus to the 'blue' referred to elsewhere on the register.

Entry C1 is effectively stating that the blue land in the title plan is subject to such rights as we're granted by transfers of adjoining land. Not a Transfer of LA660095.

bigstevex

Land_Registry wrote: »

You'll have to go with your legal advice here. We can only provide the registered details and it's for your conveyancer/you to then interpret and act upon them as you see fit.

I suspect what your conveyancer is trying to cover for you us entry C1 on LA898100. The confusion I suspect has come from widening the focus to the 'blue' referred to elsewhere on the register.

Entry C1 is effectively stating that the blue land in the title plan is subject to such rights as we're granted by transfers of adjoining land. Not a Transfer of LA660095.

A few final questions...

This is going to sound like a silly question first, but what does entry C1 define as 'transfers of adjoining land' if it's not referring to LA660095 where said land originated (Or technically LA619346 where it truely originated)?

If we did build on the land, not even as far as the limit of land, is there a time frame which the landowner would have to complain to us before their claim would be void? Can they force us to demolish something (even though it wouldn't affect them)? Or is this more a legal question beyond your advice?

Is it possible to find out the owner of the neighboring land so I can ask them if they have an issue with us building on the blue bit? I've not been successful in locating a title plan for the field in question though as it doesn't appear to show on the map search on the land registry site.

Islander_bloke

Good afternoon,

So the situation is that my current fixed term mortgage is due to end tomorrow so 3 months ago I started off the process of remortgaging. It turns out i would be moving lender and all the credit checks etc went fine. I was informed a month ago from the solicitors that are dealing with this that the records for my house (i bought 2 years ago) that the land registry has have not been updated with my details and so the mortgage would have to be delayed until this is sorted.

Since my fixed term finishes tomorrow that payment slips onto the SVR rate so i get hit with a bigger payment. My question is why would it have taken more than two years for this to be updated? Because of this delay i am going to be out of pocket until it gets sorted.

bigstevex

^Have you not spoken to the solicitor who did the conveyancing when you bought the house? Did you not receive confirmation off them that everything had been updated after the purchase with a copy of the new title showing yourself on it?

Land_Registry

bigstevex wrote: »

A few final questions...

This is going to sound like a silly question first, but what does entry C1 define as 'transfers of adjoining land' if it's not referring to LA660095 where said land originated (Or technically LA619346 where it truely originated)?

If we did build on the land, not even as far as the limit of land, is there a time frame which the landowner would have to complain to us before their claim would be void? Can they force us to demolish something (even though it wouldn't affect them)? Or is this more a legal question beyond your advice?

Is it possible to find out the owner of the neighboring land so I can ask them if they have an issue with us building on the blue bit? I've not been successful in locating a title plan for the field in question though as it doesn't appear to show on the map search on the land registry site.

It's not a silly question. More like the right one as it's those 'Transfers of adjoining land' to which the two parcels of blue land are affected by.

An understanding of the wider development could help here and how LA660095 was involved/affected by the Transfers involved. LA619346 is the title for that wider development.

Your legal advice needs to cover your next Qs as you appreciate

I'm assuming you mean a field to the north or west but it reads as if the land is unregistered. If it is that may offer a further clue as to it being the original development and it's 'Transfers of adjoining land' which deserve your attention.

Land_Registry

Islander_bloke wrote: »

Good afternoon,

So the situation is that my current fixed term mortgage is due to end tomorrow so 3 months ago I started off the process of remortgaging. It turns out i would be moving lender and all the credit checks etc went fine. I was informed a month ago from the solicitors that are dealing with this that the records for my house (i bought 2 years ago) that the land registry has have not been updated with my details and so the mortgage would have to be delayed until this is sorted.

Since my fixed term finishes tomorrow that payment slips onto the SVR rate so i get hit with a bigger payment. My question is why would it have taken more than two years for this to be updated? Because of this delay i am going to be out of pocket until it gets sorted.

If it's in Scotland you'll need to contact the Registers of Scotland. They don't have a presence on MSE

Jaws99

Hi, I wondered if you could tell me roughly how long it takes to do a rectification of deeds? A big name builder built a few houses behind us and the new tenants have been told they own half my back fence, which they don't, the building company have admitted they made a mistake and have sent notices to the new residents. This has been going on since April 2018, sent letters out in July 2018. I asked their solicitor just before Christmas and she said it hadn't been done yet and would let me know when it was done, but I've heard nothing.
Many thanks for your help.

Land_Registry

Jaws99 wrote: »

Hi, I wondered if you could tell me roughly how long it takes to do a rectification of deeds? A big name builder built a few houses behind us and the new tenants have been told they own half my back fence, which they don't, the building company have admitted they made a mistake and have sent notices to the new residents. This has been going on since April 2018, sent letters out in July 2018. I asked their solicitor just before Christmas and she said it hadn't been done yet and would let me know when it was done, but I've heard nothing.
Many thanks for your help.

All depends on what, if anything, is going to be registered and how.

Rectification is quite specific so if you have a scenario where a deed has been registered it's rarely a case of amending the deed itself. You invariably have to create another legal deed to change the original one.

Jaws99

Thanks, so it can take a while then? I only came across the fact by pure chance.
Would my deeds of been changed without my knowledge?
Thanks again

Land_Registry

Jaws99 wrote: »

Thanks, so it can take a while then? I only came across the fact by pure chance.
Would my deeds of been changed without my knowledge?
Thanks again

It doesn't read as it fits a routine matter so yes, it's likely to take a while
Again that all depends on the change and how it was done. But it reads like nothing has happened yet re the registered title so once you have some specifics it might be easier to give specific answers