Land Registry questions

thomasbottom

G_M wrote: »

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!!)

Re-marketing a mistake isn't really the answer though. No-one will buy a property where a boundary line is shown through the building itself. It shows on the Landmark/promap map that my hall, kitchen and bedroom belong to the neighbour! As I say, it's clearly a mistake by Landmark.I'm hoping the Land Registry advisor on here can confirm the deeds outline I have is correct.

Doozergirl

New question from me.

We are self-building on part of the land of our existing home.

At the end of February, our solicitor sent off the paperwork for the title of our house to be split into two. Having already waited some five months for the solicitor to finish the process with DH's existing mortgage company, I was surprised to see a statement in their letter saying that the LR could take a 'few days, weeks or months' to process the application.

The upshot was that DH phoned the LR to be told that processing this paperwork will take some 4-6 months and that they are currently processing applications from last September! The delay is simply delay, not process.

This is utterly unacceptable to us. We desperately need to raise a mortgage in order to finish the project. We currently have an unfinished timber frame house which has a roof but the unclad walls are all exposed to the elements. The house is also highly airtight and without mechanical ventilation it is developing condensation inside. Within the last two weeks, we got as far as we could with our own money and have had to simply stop because even the solicitor took an age longer than we expected, thus far.

Our situation is that we cannot apply to mortgage either property until this process has taken place, because they are still tied together.

The LR told us to get our solicitor to write in, but the lady was not particularly helpful on what the response would be or how long it would take, even if expedited. DH spoke to our solicitor's assistant yesterday and we will continue to chase her to write, but I need to know what the likelihood is of getting this application expedited.

This delay could literally ruin the investment we have already made to the tune of some £130,000. No way would I anticipate something relatively simple taking another six months to get to the top of the pile.

This is our life savings and future home at risk! It's also frustrating that it has to come from the solicitor when they have already delayed us by sitting on the paperwork until I chased them at the time they said the process would be finished - not the fault of the LR, but this compounds a small problem, that shouldn't have been a problem in the first place, into a major one for us.

Land_Registry

katieort wrote: »

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.

The title plan shows the registered extent/general boundaries for that title. If the red outline is around the extra land as described then you own it.
If you are going to make significant changes to the lie of the land I would always recommend at least letting the neighbours know just in case they have any thoughts/views on it but bearing in mind it is your land etc.
Perhaps something to talk through with your solicitor as to what options exist and what, if anything, your neighbours might be able object to

Land_Registry

thomasbottom wrote: »

Re-marketing a mistake isn't really the answer though. No-one will buy a property where a boundary line is shown through the building itself. It shows on the Landmark/promap map that my hall, kitchen and bedroom belong to the neighbour! As I say, it's clearly a mistake by Landmark.I'm hoping the Land Registry advisor on here can confirm the deeds outline I have is correct.

The title plan shows the registered extent/general boundaries upon which a buyer (and seller) would rely on for conveyancing purposes.
Landmark plans are in my experience used for planning purposes and do not show the registered extent/legal ownership for example.

So it reads as if it's a Q you have already answered re whether Landmark plan is accurate or not and explaining it's purpose to the buyer. May be worth checking the current Ordnance Survey detail as well to see if they have the building etc in the right place as well although it is the title plan you would be relying on for conveyancing purposes

Land_Registry

Doozergirl wrote: »

New question from me.

We are self-building on part of the land of our existing home.

At the end of February, our solicitor sent off the paperwork for the title of our house to be split into two. Having already waited some five months for the solicitor to finish the process with DH's existing mortgage company, I was surprised to see a statement in their letter saying that the LR could take a 'few days, weeks or months' to process the application.

The upshot was that DH phoned the LR to be told that processing this paperwork will take some 4-6 months and that they are currently processing applications from last September! The delay is simply delay, not process.

This is utterly unacceptable to us. We desperately need to raise a mortgage in order to finish the project. We currently have an unfinished timber frame house which has a roof but the unclad walls are all exposed to the elements. The house is also highly airtight and without mechanical ventilation it is developing condensation inside. Within the last two weeks, we got as far as we could with our own money and have had to simply stop because even the solicitor took an age longer than we expected, thus far.

Our situation is that we cannot apply to mortgage either property until this process has taken place, because they are still tied together.

The LR told us to get our solicitor to write in, but the lady was not particularly helpful on what the response would be or how long it would take, even if expedited. DH spoke to our solicitor's assistant yesterday and we will continue to chase her to write, but I need to know what the likelihood is of getting this application expedited.

This delay could literally ruin the investment we have already made to the tune of some £130,000. No way would I anticipate something relatively simple taking another six months to get to the top of the pile.

This is our life savings and future home at risk! It's also frustrating that it has to come from the solicitor when they have already delayed us by sitting on the paperwork until I chased them at the time they said the process would be finished - not the fault of the LR, but this compounds a small problem, that shouldn't have been a problem in the first place, into a major one for us.

If the solicitor submits documentary evidence that the lender will not lend unless the title is split. And they ask us to expedite their application then we can consider the request.

By the sound of it there are no other likely applications ahead of it, which you can get on larger developments, so on the face if it I would expect us to agree to expedite it within a few days of receiving the request

If we can then it should mean the application is considered within 10 working days. Everything then hinges on it being in order of course.
The solicitor should be familiar with the process and our requirements re expedition. And so too should our support team when rung so if they were not particularly helpful - apologies if that were the case.

We have had a backlog of this type of work for a while now but the key point from your perspective is that we know that and IF there is a genuine urgency AND we can expedite an application we will.

The vast majority of applications are not urgent in the same way and as such a delay, albeit one that we do not want as much as anyone else, may not always impact. Clearly with expiring mortgage offers the delay can impact so an urgent need we can and do recognise provided we get the right information and evidence from the lodging solicitor

If you wish to share the title number here I can check and advise the current position?

Doozergirl

Land_Registry wrote: »

If the solicitor submits documentary evidence that the lender will not lend unless the title is split. And they ask us to expedite their application then we can consider the request.

By the sound of it there are no other likely applications ahead of it, which you can get on larger developments, so on the face if it I would expect us to agree to expedite it within a few days of receiving the request

If we can then it should mean the application is considered within 10 working days. Everything then hinges on it being in order of course.
The solicitor should be familiar with the process and our requirements re expedition. And so too should our support team when rung so if they were not particularly helpful - apologies if that were the case.

We have had a backlog of this type of work for a while now but the key point from your perspective is that we know that and IF there is a genuine urgency AND we can expedite an application we will.

The vast majority of applications are not urgent in the same way and as such a delay, albeit one that we do not want as much as anyone else, may not always impact. Clearly with expiring mortgage offers the delay can impact so an urgent need we can and do recognise provided we get the right information and evidence from the lodging solicitor

If you wish to share the title number here I can check and advise the current position?

Thank you, this is helpful as I can get documentary evidence of the mortgage problem to give to the solicitor to back the request up.

The title to be split is HW11123.

thomasbottom

Land_Registry wrote: »

The title plan shows the registered extent/general boundaries upon which a buyer (and seller) would rely on for conveyancing purposes.
Landmark plans are in my experience used for planning purposes and do not show the registered extent/legal ownership for example.

So it reads as if it's a Q you have already answered re whether Landmark plan is accurate or not and explaining it's purpose to the buyer. May be worth checking the current Ordnance Survey detail as well to see if they have the building etc in the right place as well although it is the title plan you would be relying on for conveyancing purposes

Thanks very much.
It also transpires he hasn't even contacted his solicitor to say what he thinks the problem is so he has now been instructed to by his solicitor and the estate agent to put it in wtiting. I keeping everything crossed for a positive outcome.

Ioana79

Hi, I am looking at register of property which is being sold via auction and I can see there:
"REGISTERED CHARGE 26/11/2018
Proprietor: Together Commercial Finance Ltd
The proprietor of the Charge dated xxx referred to above is under an obligation to make further advances. These advances will have priority to the extent afforded by section 49(3) Land Registration Act 2002.
And also another part further up which says:
"RESTRICTION: No disposition of the registered estate by the proprietor of the registered estate is to be registered without a written consent signed by the proprietor for the time being of the Charge dated xxx in favour of Together Commercial Finance Ltd referred to in the Charges Register."

If I understand it well, someone bought this property on 26/11/2018 using loan from Together Commercial Finance Ltd but is no selling it via auction. Property needs refurb so most probably someone changed his mind.

My major question is - if I buy such property, will I need to pay this loan or it shouldn't concern me at all as it's debt of previous owner?

I will be buying with cash but if I'd like to use mortgage would there be an issue?
I would appreciate your prompt reply

Land_Registry

Ioana79 wrote: »

Hi, I am looking at register of property which is being sold via auction and I can see there:
"REGISTERED CHARGE 26/11/2018
Proprietor: Together Commercial Finance Ltd
The proprietor of the Charge dated xxx referred to above is under an obligation to make further advances. These advances will have priority to the extent afforded by section 49(3) Land Registration Act 2002.
And also another part further up which says:
"RESTRICTION: No disposition of the registered estate by the proprietor of the registered estate is to be registered without a written consent signed by the proprietor for the time being of the Charge dated xxx in favour of Together Commercial Finance Ltd referred to in the Charges Register."

If I understand it well, someone bought this property on 26/11/2018 using loan from Together Commercial Finance Ltd but is no selling it via auction. Property needs refurb so most probably someone changed his mind.

My major question is - if I buy such property, will I need to pay this loan or it shouldn't concern me at all as it's debt of previous owner?

I will be buying with cash but if I'd like to use mortgage would there be an issue?
I would appreciate your prompt reply

It's a registered secured loan so like any mortgage really. You'd need an undertaking from the seller that they will discharge it on purchase so TCF Ltd then provide the required form(s) discharging their charge.

Your purchase can't be registered until it's removed due the restriction but the loan is the seller's not yours

Land_Registry

Doozergirl wrote: »

Thank you, this is helpful as I can get documentary evidence of the mortgage problem to give to the solicitor to back the request up.

The title to be split is HW11123.

Expedition has already been requested and granted on this one from 11th March
As such it should be considered in the coming days and if in order completed or if not the solicitor contacted as appropriate