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Land Registry questions
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Land_Registry wrote: »So the 'new building' now extends into the neck of the bottle, which was the pig sty.
If so then effectively they have built on the adjoining title DY188406.
So it would not be a case of simply moving or rectifying the red line on the title plan but would require the registered owners of that adjoining title to transfer the additional land, with the extension on it, to you for example.
The council planning process would not check or account for the fact that the builder was using someone else's land.
When you bought the property your conveyancer would normally provide you with a copy of the title plan and ask you to check/confirm that it matched the reality on the ground. If, and I assume the whole of the building now shown on the OS detail (same as Landmark I imagine) is what you 'live in', then that is a significant difference.
You'll need to work this through with your conveyancer now to identify how it was allowed to happen and how to resolve it. As explained, and if I have understood correctly, the property now stands on two titles, one which you own and one which you do not. That would not be a simple correction of the plan and would require a legal transfer of ownership.
How that is achieved and at what cost and who might be liable for that cost is something your conveyancer should assist with. We would be involved in the outcome, namely an application as and when submitted.
Sorry, not the reply you were hoping for
To me, it looks as though the original land owner of mine didn't register it correctly i.e. take the pig sty off when they registered the new plot. What a pigs ear!!!!
Am now going to go in a corner and cry!
Thanks again
Lisa0 -
Land_Registry wrote: »SDLT first. And as it's not a straight Assent to the beneficiaries I'd suggest a Transfer using TR1 is the way to go as it provides for the 'consideration' payment being made
Thank you for your help0 -
As it involves 3 siblings but there are no other transactions, ie the sibling receiving payment will be via the estate accounts, their name will not be on any forms, do we answer yes or no to Q13 on the SDLT. I am assuming that the 2 executors are both the purchasers and the vendors as far as the TR1 and SDLT is concerned. The property is still registered to our late father
Thank you for your help
You'll need to contact HMRC to ask how to complete their forms unless someone else on the forum is able to advise. We don't see or deal with the forms as we get the evidence it's been paid submitted and not the form - sorry“Official Company Representative
I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"0 -
thomasbottom wrote: »Thank you for coming back to me so swiftly. No not the answer I wanted sadly.
To me, it looks as though the original land owner of mine didn't register it correctly i.e. take the pig sty off when they registered the new plot. What a pigs ear!!!!
Am now going to go in a corner and cry!
Thanks again
Lisa
I don;t think it's a question of them not registering it correctly but more a case of establishing when the build was done and who owned what at the time.
This sort of thing can happen although not usually on this scale but if the land/buildings were in the same ownership at the time or if separate and the owners did not realise where the registered extents joined that could be why.
But work it through with your conveyancer and discuss what options exist and go from there. I hope it works out for you“Official Company Representative
I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"0 -
I'm not sure if this is the correct forum, but thought i'd ask just in case.
My property has restrictive covenants on it, and the one i'm interested in relates to changing the appearance of the property. We currently have an integrated garage at the front of the house with an automatic garage door. We were hoping to remove the garage door, brick it up and insert a window. The garage itself has been partially converted into a habitable room by the previous owners, and as such we'd like to make it into a fully habitable room by removing the door and insering a window.
We are the 2nd owners since the house was built 15yrs ago. The original transfer document we have seen shows a transferor and a sub transferor, and the transferee which were the owners before us.
If i want to look at getting permission for the work described above, should I be contacting the transferor (Barratt Homes) or sub transferor (KingsOak Homes)?
Thanks0 -
JamesBeech wrote: »I'm not sure if this is the correct forum, but thought i'd ask just in case.
My property has restrictive covenants on it, and the one i'm interested in relates to changing the appearance of the property. We currently have an integrated garage at the front of the house with an automatic garage door. We were hoping to remove the garage door, brick it up and insert a window. The garage itself has been partially converted into a habitable room by the previous owners, and as such we'd like to make it into a fully habitable room by removing the door and insering a window.
We are the 2nd owners since the house was built 15yrs ago. The original transfer document we have seen shows a transferor and a sub transferor, and the transferee which were the owners before us.
If i want to look at getting permission for the work described above, should I be contacting the transferor (Barratt Homes) or sub transferor (KingsOak Homes)?
Thanks
Does the covenant containing the restriction not state who the party benefiting from the restriction is?0 -
@Land Registry
Tr1 form- transfer by way of gift. Can we use the same witness for both the transferror and transferee?0 -
JamesBeech wrote: »I'm not sure if this is the correct forum, but thought i'd ask just in case.
My property has restrictive covenants on it, and the one i'm interested in relates to changing the appearance of the property. We currently have an integrated garage at the front of the house with an automatic garage door. We were hoping to remove the garage door, brick it up and insert a window. The garage itself has been partially converted into a habitable room by the previous owners, and as such we'd like to make it into a fully habitable room by removing the door and insering a window.
We are the 2nd owners since the house was built 15yrs ago. The original transfer document we have seen shows a transferor and a sub transferor, and the transferee which were the owners before us.
If i want to look at getting permission for the work described above, should I be contacting the transferor (Barratt Homes) or sub transferor (KingsOak Homes)?
Thanks
Restrictive covenants bind the land for the benefit of other land. The Transfer will include the covenants which bind the land and the covenating clause plus the definitions will usually define the benefiting land.
So you know the former but have yet to work out the latter.
With most developments the benefiting land is the rest of the development often defined as the 'estate' within such clauses. If it is then you potentially have multiple landowners who own land with the benefit. And the vast majority of their land is most likely bound by identical covenants
If the developer still owns land which formed part of the 'estate' then they may too have the benefit. It's a common mistake that people make in thinking they need to just look at the parties to the Transfer in such cases. The reality is you often have to look wider than that. And if it's say a 40 plot development then you've probably got 39 plot owners with the benefit to consider.
As such trying to identify every single benefiting landowner and trying to remove or change the specific covenant is a pointless exercise.
Better to check and confirm the Transfer details and get legal advice as to the risk of breaching it and whether you can insure against that risk.
Developers often impose such covenants to preserve the way the development 'looks' whilst they try to sell all 40 plots. Covenants saying you can't put a caravan on your drive, the front has to be kept open plan, you can't set up a business from home and you can't change the garage into a room are all aimed at keeping the status quo
But the covenants bind the land and don't just lapse or go away in law. They may go away in the sense that plot buyers do get caravans later, or set up a business from home later or convert their garages later but that is often through a lack of awareness, understanding or perhaps because someone else did it so why can't I?
So the risk in breaching a covenant is that someone owning part of the benefiting land realises you have breached it, knows they own land with the benefit and then wants to impose the covenant. If it's 39 of your neighbour's with the benefit you've got no real way of understanding how they each might approach it. Hence getting legal advice and considering the risk and how you can manage it effectively“Official Company Representative
I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"0 -
Hello
I am currently in the final stages of process for a Transfer of Equity (I am being removed from the Title Deeds and Mortgage, which are being left solely in my ex-partners name, rather than us both being named). It's been going on since December 2018 (owing to a number of hurdles, including the original solicitor firm going bankrupt in Feb 19...!) but all that remains is the money transfer and the update application to the Land Registry.
I am buying a property on my own, but the mortgage application cannot be undertaken until the Land Registry shows that I am no longer on the Title.
I am extremely nervous about how long the update to the Title will take, as the target completion date for the property I am purchasing is 12th April. I understand that the Land Registry aim to update the register within 5 working days of receiving the application. I am trying to understand whether it would be likely any queries would be raised (I cannot see any that would be, but clearly I don't know anything about their process)
Any advice/guidance would be gratefully received.
Thank youDebt as of Feb 2025
Zopa loan @ 9.9%:
£18637
MBNA CC @ 0% 31 months from Jan 25:
£6,270
Tesco CC @ 0% 27 months from Sept 24:
£4,356
TOTAL: £29,263
Emergency Fund: £85/£1000
Car Repair Fund: £700/£1000
Pet Emergency Fund: £20/£7500 -
puffintail wrote: »Hello
I am currently in the final stages of process for a Transfer of Equity (I am being removed from the Title Deeds and Mortgage, which are being left solely in my ex-partners name, rather than us both being named). It's been going on since December 2018 (owing to a number of hurdles, including the original solicitor firm going bankrupt in Feb 19...!) but all that remains is the money transfer and the update application to the Land Registry.
I am buying a property on my own, but the mortgage application cannot be undertaken until the Land Registry shows that I am no longer on the Title.
I am extremely nervous about how long the update to the Title will take, as the target completion date for the property I am purchasing is 12th April. I understand that the Land Registry aim to update the register within 5 working days of receiving the application. I am trying to understand whether it would be likely any queries would be raised (I cannot see any that would be, but clearly I don't know anything about their process)
Any advice/guidance would be gratefully received.
Thank you
Do you know the title number involved please?“Official Company Representative
I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"0
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