Land Registry questions

Sarah1579

Hi,


I am remortgaging my house with my bank Lloyds and their legal team have told me there is a restriction on the deeds to my house.
(24.05.2016) RESTRICTION: No disposition of the registered estate by
the proprietor of the registered estate is to be registered without a
certificate signed by a conveyancer that that conveyancer is satisfied
that the person who executed the document submitted for registration as
disponor is the same person as the proprietor.


(24.05.2016) RESTRICTION: No disposition of the registered estate
(other than a charge) 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 13 May 2016 in favour of Virgin
Money PLC referred to in the Charges Register.


We were not aware this restriction had been put in place when purchasing the house 3 years ago and have been told by a solicitor we can apply for it to be removed to Land Registry using an RX3 form.


I can only find a word copy, is there an electronic form I can fill in and how long does this usually take?


Thanks


Sarah

Land_Registry

JJA80 wrote: »

I have sent your replies to my solicitor and await her response. I know she was expecting approval imminently. I don’t think my chain will survive another delay.

Thank you for all your help even if I don’t like the outcome, at least I’ve been made aware of the situation sooner.

I've asked the processing office to advise timescales and they have confirmed that the letter should be issued no later than tomorrow but if not then by Friday at the latest.

Land_Registry

Sarah1579 wrote: »

Hi,


I am remortgaging my house with my bank Lloyds and their legal team have told me there is a restriction on the deeds to my house.
(24.05.2016) RESTRICTION: No disposition of the registered estate by
the proprietor of the registered estate is to be registered without a
certificate signed by a conveyancer that that conveyancer is satisfied
that the person who executed the document submitted for registration as
disponor is the same person as the proprietor.


(24.05.2016) RESTRICTION: No disposition of the registered estate
(other than a charge) 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 13 May 2016 in favour of Virgin
Money PLC referred to in the Charges Register.


We were not aware this restriction had been put in place when purchasing the house 3 years ago and have been told by a solicitor we can apply for it to be removed to Land Registry using an RX3 form.

I can only find a word copy, is there an electronic form I can fill in and how long does this usually take?

Thanks

Sarah

It is a postal service so you would need to download/save the form and then complete it to then submit it by post.
You will also need to supply a conveyancer's certificate confirming that you are the same person as the registered proprietor

Some conveyancers apply for this type of restriction as a matter of routine when acting for you. You would need to contact them to explain why it was applied for although the same requirement to remove it now would be needed

thomasbottom

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

Good morning
I'm still trying to sort this problem out and not having much luck with solicitors so far as I am being given such conflicting information and don't know who to believe as to the correct route to follow to sort this out. If they all said the same thing it would be much easier!

Since writing last I have had a meeting with the neighbour and he is happy to get this sorted out with no dispute from their side as to what is on the ground as opposed to half of my property being on their title so that's great.
My questions are;
Is 'transfer of part' the best way to go about this? If so I presume I need a RICS land surveyor to draw up for both properties but what do they draw exactly? What do the LR need? Is it whats on the ground or the 'part' that is to be transferred? If both can it be on the same plan?
or
Do I go down the 'deed of rectification' route as was also suggested by some solicitors and again which survey needs to be done to be presented to the Land Registry?

Further complications are that my neighbour has a mortgage and so again which would be better to have the mortgage company release my portion of land?

I have agreed to pay my neighbours legal costs and he understands he needs this all sorted too otherwise he will also have problems in the future if he tries to sell.

I really need this sorted the quickest and easiest way as I have lost 2 sales now. 1 which was the buyers circumstances and the second which was how this all came to light. It's nearly a year now since my property first went up for sale and this is having such a negative effect on my health.:(

Land_Registry

thomasbottom wrote: »

Good morning
I'm still trying to sort this problem out and not having much luck with solicitors so far as I am being given such conflicting information and don't know who to believe as to the correct route to follow to sort this out. If they all said the same thing it would be much easier!

Since writing last I have had a meeting with the neighbour and he is happy to get this sorted out with no dispute from their side as to what is on the ground as opposed to half of my property being on their title so that's great.
My questions are;
Is 'transfer of part' the best way to go about this? If so I presume I need a RICS land surveyor to draw up for both properties but what do they draw exactly? What do the LR need? Is it whats on the ground or the 'part' that is to be transferred? If both can it be on the same plan?
or
Do I go down the 'deed of rectification' route as was also suggested by some solicitors and again which survey needs to be done to be presented to the Land Registry?

Further complications are that my neighbour has a mortgage and so again which would be better to have the mortgage company release my portion of land?

I have agreed to pay my neighbours legal costs and he understands he needs this all sorted too otherwise he will also have problems in the future if he tries to sell.

I really need this sorted the quickest and easiest way as I have lost 2 sales now. 1 which was the buyers circumstances and the second which was how this all came to light. It's nearly a year now since my property first went up for sale and this is having such a negative effect on my health.:(

We can't advise you on how you should approach this and whether a rectification or transfer is the best route to go - you will have to reply on your legal advice for that

All we can really add is that a rectification is usually only considered where the same parties are involved, namely if the error was made in a deed between X and Y and they are still the respective owners then they may be able to rectify it by way of a deed

From a purely registration perspective then our PG 40 sup 2 will help in understanding what quality of plan(s) are required. A surveyor can assist in drawing such plans if a level of detail is required.

Mortgage lenders will have to be involved and also to consent to any change(s) as appropriate.

JJA80

Thank you for the information that the letter showing the issues will be issued no later than today or if not, Friday at the latest.

I spoke to Land Registry this morning, I was told that there were more than the two notices I knew about and who consented to the application, sent out which has resulted in an objection. I will have to wait for the promised letter to know how many were sent out, who has objected and if there is more than one objection. I’m devastated but will just have to wait for the details before any decisions can be made.

JJA80

While I’m waiting for details of the objection/s to my claim for Adverse Possession on unregistered land may I ask some questions please? I originally thought any objection would only come from someone who could prove they were the owner of the unregistered land but reading Land Registry’s information it seems this is not the case.
What documents constitute proof of ownership on unregistered land?
If the rightful owner comes forward does my claim fail if the occupation exceeds 12 years (or more for chancery claims)?
What are the grounds for objection?
Can anyone object?
What proof is needed in support of any objection?
Thank you

Land_Registry

JJA80 wrote: »

While I’m waiting for details of the objection/s to my claim for Adverse Possession on unregistered land may I ask some questions please? I originally thought any objection would only come from someone who could prove they were the owner of the unregistered land but reading Land Registry’s information it seems this is not the case.
What documents constitute proof of ownership on unregistered land?
If the rightful owner comes forward does my claim fail if the occupation exceeds 12 years (or more for chancery claims)?
What are the grounds for objection?
Can anyone object?
What proof is needed in support of any objection?
Thank you

I'd wait for the letter but if you want to understand the Objection aspects then have a read of our Practice Guide

I'm sure you've seen our PG 5 as well re adverse possession which helps explain what evidence can be provided.

Objections don't have to be based on a counter claim but they can be

JJA80

Thank you once again for your prompt response. I had already read the LR documents you refer to. Of course you’re right, I’m just going to have to wait for the letter but so much hangs on a prompt solution it’s very hard to be patient.

Land_Registry

JJA80 wrote: »

Thank you once again for your prompt response. I had already read the LR documents you refer to. Of course you’re right, I’m just going to have to wait for the letter but so much hangs on a prompt solution it’s very hard to be patient.

Understandable but you need to deal with the specifics now. You've done everything you can and there will be specific next steps to consider having got this far. That is where you now need to focus your attention and efforts and I'm sure your conveyancer will be able to explain the way forward.