Land Registry questions

Land_Registry

Mask567 wrote: »

Thanks, just replied to the email. Hopefully thats OK.

Many thanks - we have now replied to that email

In general terms it may assist others on the forum who find themselves in a similar position if I explain in general terms how an application for first registration of unregistered land is processed

The first thing to note is that we do have a backlog of work at present. But where there is a confirmed urgency, such as an onward sale and buyer confirmed, we can consider a request by the seller's conveyancer, to expedite the application

If we can expedite it we will and that reduces the wait time for it's initial consideration to around 10 working days. Everything then hinges on the evidence submitted being sufficient to go to the next stage.

That next stage is usually an inspection, also known as a site visit or survey. That acts as our 'eyes on the ground' and is aimed at backing up or otherwise the supporting evidence submitted. With unregistered land the claim is usually made by way of a statement of truth as the claimant does not have any deeds to prove their ownership
A survey, if required, is then requested and is normally completed within 10 working days.

Once the survey is completed the application and survey result are considered and if in order/supportive we are likely to then carry out wider checks, including contacting adjoining/affected owners of registered titles adjoining the land. These checks can take up to a further 3-4 weeks to complete depending on circumstances. The checks cannot be expedited.

So it is important to note that even when such an application is expedited it is likely to still take several weeks to complete/register. It is done as quickly as possible but we must carry out a close inspection and will invariably perform wider checks as mentioned also.

Each stage follows the other so it is important at the first stage to ensure that any claim is sufficient on a legal basis
If it is then stage 2 can be reached and a survey carried out
If everything is in order stage 3 is reached and wider checks carried out
And if they all come back ok then the title can be registered, the seller/buyer made aware and completion of the sale can take place

So all in all with an application for adverse possession of unregistered land is likely to take in my experience between 8 and 10 weeks providing everything is in order and each stage is completed correctly and smoothly. So a very best scenario and in some cases it may well take longer

Mask567

Land_Registry wrote: »

Many thanks - we have now replied to that email

In general terms it may assist others on the forum who find themselves in a similar position if I explain in general terms how an application for first registration of unregistered land is processed

The first thing to note is that we do have a backlog of work at present. But where there is a confirmed urgency, such as an onward sale and buyer confirmed, we can consider a request by the seller's conveyancer, to expedite the application

If we can expedite it we will and that reduces the wait time for it's initial consideration to around 10 working days. Everything then hinges on the evidence submitted being sufficient to go to the next stage.

That next stage is usually an inspection, also known as a site visit or survey. That acts as our 'eyes on the ground' and is aimed at backing up or otherwise the supporting evidence submitted. With unregistered land the claim is usually made by way of a statement of truth as the claimant does not have any deeds to prove their ownership
A survey, if required, is then requested and is normally completed within 10 working days.

Once the survey is completed the application and survey result are considered and if in order/supportive we are likely to then carry out wider checks, including contacting adjoining/affected owners of registered titles adjoining the land. These checks can take up to a further 3-4 weeks to complete depending on circumstances. The checks cannot be expedited.

So it is important to note that even when such an application is expedited it is likely to still take several weeks to complete/register. It is done as quickly as possible but we must carry out a close inspection and will invariably perform wider checks as mentioned also.

Each stage follows the other so it is important at the first stage to ensure that any claim is sufficient on a legal basis
If it is then stage 2 can be reached and a survey carried out
If everything is in order stage 3 is reached and wider checks carried out
And if they all come back ok then the title can be registered, the seller/buyer made aware and completion of the sale can take place

So all in all with an application for adverse possession of unregistered land is likely to take in my experience between 8 and 10 weeks providing everything is in order and each stage is completed correctly and smoothly. So a very best scenario and in some cases it may well take longer

Thank you, that was very helpful.

pemm

Hello,

I am waiting to exchange on a flat in London. It is a Leasehold flat with 50% Share of Freehold, and the present owner (and co-freeholder) has agreed to extend the lease term prior to exchange (the lease had some issues, and we asked them to extend at the same time).

My question is: do we need to wait for HM Land Registry to register/acknowledge/whatever the updated lease before we can exchange, or can this step happen "off the critical path"?

We are looking to complete ASAP. As part of the exchange and completion, there will be two subsequent title transfers, one for the updated lease and one for the freehold.

Thanks for your help in advance

Land_Registry

pemm wrote: »

Hello,

I am waiting to exchange on a flat in London. It is a Leasehold flat with 50% Share of Freehold, and the present owner (and co-freeholder) has agreed to extend the lease term prior to exchange (the lease had some issues, and we asked them to extend at the same time).

My question is: do we need to wait for HM Land Registry to register/acknowledge/whatever the updated lease before we can exchange, or can this step happen "off the critical path"?

We are looking to complete ASAP. As part of the exchange and completion, there will be two subsequent title transfers, one for the updated lease and one for the freehold.

Thanks for your help in advance

From a purely registration perspective there is rarely a need to 'wait'. But it is very much something you need to discuss with your conveyancer as there are wider legal/conveyancing reasons to consider which may prevent you completing in the way suggested. Your lender may also have a view

pemm

Thank you!

katieort

Got a bit of a strange one, can't seem to find anything about a similar situation anywhere.
Basically I am currently buying a house. When we initially viewed it the agent showing us around mentioned that there was like a woodland/nature reserve thing at the back of the garden. (The back boundary of the garden is not fenced it is bushes and trellis all the way along) To be honest it just looks like a bit of overgrown wasteland. It goes along the back of about 10 houses that ends with mine as the last house that it is behind. Anyway, I didn't think much of it at the time, garden was an okay size as it was, and we liked the house anyway.
Fast forward to us receiving the Land Registry documents showing the boundary. It shows that our garden is supposed to be bigger than it actually is, and the "nature reserve/wasteland" actually stops behind next doors garden rather than ours. I wouldn't normally be too fussed, but its actually a fairly big piece of land, it nearly doubles the garden length! And I have a dog which would love to run around in this bigger space!
I have asked my solicitor about it, and yet to receive a reply. But just wondered what peoples thoughts were if, as it says on the LR it is ours, we can actually cut back all the overgrown plants, bushes and trees to reclaim it and have a bigger garden.
Just to add, the previous owners were an old couple, which the big garden may have been too much for, so I guess they let it overgrow at the back maybe so they didn't have to deal with it.

thomasbottom

Hi
I am in absolute panic as my buyer has just got their searches back and the site plan of my property issued by a company called 'Landmark' is totally different to what I have on the title plan with all the signatures on and title number. Basically the Landmark one shows half of my property (a freehold detached bungalow) is owned by neghbour!!!!!
My buyer is threatening to pull out of the purchase and the solicitors don''t seem to be acting as though this is a priority. I don't know what to do as there is an extremely tight time frame to work in.
At the moment the buyer is insisting that the Landmark one is the one that is correct as it's 'new' but the agent and I and my solicitor are saying it looks like it is a mistake but obviously the buyer needs this confirmed as do I. HELPPPPPPPPPPPPP!!!:(

G_M

The only Title document and Plan that matters is an official one from the Land Registry.
What does that show?

thomasbottom

That's what I said to him when he showed me the Landmark document. He's not having it. As it's on his searches he is going on that. He also showed me from Nimbus the same thing so trying to say it's human error is falling on deaf ears.

G_M

Then you may need to start re-marketing. You can't force a buyer to buy, nor can you force a buyer to believe what you want him to believe.


Is the buyer doing his own conveyancing? If so, you're on a loser. If not, hopefully his solicitor will advise him (yours won't, and the agent is not a lawyer so can't do more than make encouraging noises!!)