Land Registry questions

JJA80

You’re right, I’ve just learnt that there were more notices sent out and there have been objections. I’m now awaiting a letter from LR with all the details. I was not expecting this and it’s very hard waiting for the details.

Sally_Forth

JJA80 wrote: »

You’re right, I’ve just learnt that there were more notices sent out and there have been objections. I’m now awaiting a letter from LR with all the details. I was not expecting this and it’s very hard waiting for the details.

It's not necessarily anything horrendous. It could be something as simple as underground pipes and service companies want to ensure they retain access rights, or someone wants to ensure you don't go building a 3 storey block of flats on there (no idea of the size of the land, just giving examples)
I hope the letter isn't as worrying as you might be expecting.

JJA80

It’s Highways, I’m talking with my solicitor on Monday. At least it’s not the neighbours ganging up on me.

Sally_Forth

JJA80 wrote: »

It’s Highways, I’m talking with my solicitor on Monday. At least it’s not the neighbours ganging up on me.

Section 11.1 here talks a little about roadways, perhaps the intended adverse possession extends into the roadway.

Melanied

I'm wandering if anyone can help me. We are currently selling our house and came to a problem with the leasehold garage, it was never actually registered when it was built and is still in my partner's mother's name (who has passed away). Our buyer is threatening to pull out and our mortgage offer also expires end of may. Our solicitors have put an application in for it to be expidited to which land registry refused on the basis that we had no evidence of urgency. Our solicitor has now sent them a letter from our buyers solicitor stating she cannot wait much longer as she is homeless and also our mortgage offer which states expiry.

Is this now likely to be accepted as they have the evidence and also if it is, how long does it take?! This is extremely stressful and we need to make the decision to rent to her until completion but only on the basis that land registry will expidite as I heard registration and transfer of name can take months?! Any advice will be appreciated.

Thanks

Sally_Forth

Melanied wrote: »

and also our mortgage offer which states expiry.
Thanks

In my experience the situation of potential loss of finance is likely acceptable as good grounds for expedition.
Ultimately it is up to the caseworker who reviews the request and the evidence supplied.
If there is an issue with the unregistered garage, there may be further delays once the application is considered in full by a caseworker but if the application is expedited then it should be reviewed within 10 days.

Melanied

Thanks for your reply, there shouldn't be any issues as they have the probate and the signed forms to transfer the name over and register the lease (I'm hoping there isn't anyway).

I'm worried sick about it all so hopefully they accept the application for expidite following the proof submitted!

JJA80

I haven’t claimed any land beyond the narrow verge inside the highway. The verge isn’t maintained by the Council and they don’t seem to own it as is quite common in our rural areas. I do cross the narrow verge for vehicular access but it’s been the legal access for many years. The verge running along the front of my garden lines up with the other properties in the road. I should know what they’re objecting to when I speak to my solicitor on Monday but thank you for your comments.

JJA80

Thank you for your comforting words. I’m pleased to tell you that the letter from LR has been received by my solicitor, as promised. The objection was raised by Highways but I don’t yet know the details as my solicitor was very busy with completions. We’ll speak on Monday when I’ll be given all the details. I’m relieved to know who is objecting although I don’t yet know if it is a big or small problem or if the chain can under me can be saved. Your posts have helped.

Land_Registry

Melanied wrote: »

I'm wandering if anyone can help me. We are currently selling our house and came to a problem with the leasehold garage, it was never actually registered when it was built and is still in my partner's mother's name (who has passed away). Our buyer is threatening to pull out and our mortgage offer also expires end of may. Our solicitors have put an application in for it to be expidited to which land registry refused on the basis that we had no evidence of urgency. Our solicitor has now sent them a letter from our buyers solicitor stating she cannot wait much longer as she is homeless and also our mortgage offer which states expiry.

Is this now likely to be accepted as they have the evidence and also if it is, how long does it take?! This is extremely stressful and we need to make the decision to rent to her until completion but only on the basis that land registry will expidite as I heard registration and transfer of name can take months?! Any advice will be appreciated.

Thanks

We rely on solicitor's providing documentary evidence with a request to expedite. If they've now done that it will be reconsidered.

Other factors can affect such as older applications with priority but that seems unlikely here

If it is expedited then it is normally considered within 10 working days. Everything then hinges on it being in order of course.

So I'd suggest checking in with your solicitor towards the end of next week or start of following one for any updates