Land Registry questions

Land_Registry

JJA80 wrote: »

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.

Claiming ownership is very different to claiming a right of way/access and the Council will invariably object to the former if it affects the road but the latter may not be an issue.

I'm sure your solicitor will help cover next steps/options although the additional worry is the chain. Monday will hopefully show you a way forward

Melanied

Thank you for coming back to me, hopefully they will reconsider as we will lose everything if they don't!

If they refuse, how long will it take normally for it to go through?

JJA80

Thank you for pointing out the difference between ownership and access relating to Highways. I also realise that Land Registry and Councils may occasionally show different boundaries on land.

I checked the planning documents for my house, they are still available on the Council’s website. Obviously the Borough Council were no more aware than I was that the land in front of my house, now used as garden, parking and access was unregistered but what is shown on the site plan, landscape plan and their planning application map viewer is what I have claimed. They consult with Highways so I wonder if they could now claim that the land I have claimed is verge. I haven’t claimed ownership of any of what seems to be shown as verge on the plans, only the continued right to cross it for access to the back of the house, the visitors parking and the same usage rights everyone has for any verge.

Of course I don’t yet know if Highways’ objection even relates to the verge. I hope all will become clear when I talk to my solicitor Monday, I just need a speedy solution that will enable you to approve my application so I don’t lose my buyer.

Sorry if the details in this long post have little to do with Land Registry.

Webber28

Hi
We're in the in the process of buying a house, it's a little row of 3 terraces set back off the main street and nobody seems to own the pavement outside. It's not showing up on our plan and the neighbours have no idea and it doesn't show no councils plans either?

da_rule

Webber28 wrote: »

Hi
We're in the in the process of buying a house, it's a little row of 3 terraces set back off the main street and nobody seems to own the pavement outside. It's not showing up on our plan and the neighbours have no idea and it doesn't show no councils plans either?

You haven’t really put a question, but I assume you want to know who owns the land?

Have a look at the Land Registry map search (https://eservices.landregistry.gov.uk/eservices/FindAProperty/view/MapEnquiryInit.do) and you’ll be able to see if there’s a registered title or not.

If there is, you can either pay £3 and download the title register or give the title number to your solicitor and ask them to investigate it.

If this is the only access to the front of the property then your solicitor would be checking whether the relevant easements or rights of way are in place anyway (assuming you’ve let them know this as they probably haven’t actually seen the property themselves).

Also, whilst the Council may not own it, have you had the highways search back yet? It may be adopted highway, but the subsoil may belong to a third party (either known or unknown).

Land_Registry

Melanied wrote: »

Thank you for coming back to me, hopefully they will reconsider as we will lose everything if they don't!

If they refuse, how long will it take normally for it to go through?

If expedition is refused then the wait time between receipt and consideration is on average likely to be 3-4 months

davidmcn

Webber28 wrote: »

We're in the in the process of buying a house, it's a little row of 3 terraces set back off the main street and nobody seems to own the pavement outside. It's not showing up on our plan and the neighbours have no idea and it doesn't show no councils plans either?

Has your solicitor suggested this is something you should be concerned about?

physsam

Hello,

I'm currently trying to remortgage my home and have an offer from Coventry. I've been told that the case cannot proceed (we are using optimalegal) until I remove a restriction fro the title deed.

Background:

When we first mortgaged, my wife and I got a better offer with just me on the mortgage (ie enough money to buy the property). A restriction was put on the property (title absolute) that "no disposition of the registered estate bu the proprietor of the registered estate is to be registered without a written consent signed by..(wife) of..... (property)"

We also filled out a declaration of truth where I declared" that I hold the property snd its proceeds of sale upon trust for himself and (wife) as joint tenants in equity".

Now we have joint mortgage offer and I have paid optima legal to do a transfer of equity. They say they cannot do this until we remove the restriction.
My wife obviously wont need the restriction as she will be joint mortgage holder and on the title deed.

How can I get this removed? Someone has said RX4 form and it looks straight forward but what documents does she need do send with it (assuming this is the right form in this circumstance and that she should be filling it in)?

Many thanks in advance.

Land_Registry

physsam wrote: »

Hello,

I'm currently trying to remortgage my home and have an offer from Coventry. I've been told that the case cannot proceed (we are using optimalegal) until I remove a restriction fro the title deed.

Background:

When we first mortgaged, my wife and I got a better offer with just me on the mortgage (ie enough money to buy the property). A restriction was put on the property (title absolute) that "no disposition of the registered estate bu the proprietor of the registered estate is to be registered without a written consent signed by..(wife) of..... (property)"

We also filled out a declaration of truth where I declared" that I hold the property snd its proceeds of sale upon trust for himself and (wife) as joint tenants in equity".

Now we have joint mortgage offer and I have paid optima legal to do a transfer of equity. They say they cannot do this until we remove the restriction.
My wife obviously wont need the restriction as she will be joint mortgage holder and on the title deed.

How can I get this removed? Someone has said RX4 form and it looks straight forward but what documents does she need do send with it (assuming this is the right form in this circumstance and that she should be filling it in)?

Many thanks in advance.

If your wife is the named restrictioner and she wishes to withdraw it then form RX4 is the correct form for her to use.
Panel 10 can be completed by here and no additional evidence is required as she is the one then signing the form

JJA80

From JJA80. I now seen the letter from Land Registry with details of the objection from Highways although I haven’t yet spoken to my solicitor. Highways seem to have mistaken the blue edged land shown on the plan, which is the legal access over the highway, as land we are claiming leasehold title for, we are not. The red edged land that we are claiming freehold title to hasn’t been objected to which is a relief.

I’m waiting to speak to my solicitor. If Highways agree to withdraw their objection how long from receipt of their withdrawal do you think it will it take for LR to make a decision on approval for my claim? My sale is hanging by a thread now although it’s not the fault of LR.