Land Registry questions

Land_Registry

PaulJohnson1976 wrote: »

Would you be able to advise me specifically what an 'equitable charge' on an interim charging order is please?

An equitable charge is something that can be created when a charging order is given by the court. It is then protected on the land register. So you would not refer to it as being on an interim charging order.

If you have a charging order against you then I'd suggest having a read of our Practice Guide which explains how such orders might be protected on the register.

If you are concerned with how such interests are dealt with and how they impact on your ownership I would recommend seeking legal advice

Land_Registry

funkface22 wrote: »

Hello,
Hopefully this is the right place for this type of question.
Our house is in an estate of 80 houses built ~10 years ago; we purchased the property a year ago.
We would like to extend our back garden fence over land we own at the side of house. There is no adjoining property on that side of the house, it is just a grass area that adjoins the pavement and road into the estate.
In a quick read through and my understanding of the title deeds, it states that we need to seek our neighbours agreement to undertake such work.
My question is, what constitutes a "Neighbour"?
Is it the properties that we share a boundary with? (We have one at the back and another at the other side of house). Or does it extend further; for example the property across the road or even the whole estate?
Please note that everyone entering our estate has to pass the grassy area in which the extended fence would be built.
Any advice would be appreciated.
Thanks in advance.

Where a legal deed uses such terms they will normally include a definition of what that means in the same way as the terms 'estate' might be defined.

If no such definition is included then it can be open to interpretation as to whether that means someone adjacent to or nearby for example. But it's legal advice you would need to consider how the law might view it. We cannot advise you on the law.

thomasbottom

Land_Registry wrote: »

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.

Thank you again for your response.
I have decided with my neighbour to go down the 'transfer of part' route as that seems to make the most sense but now I am worried that I will have two titles for my property; the original and the transferred part once it's been done. Is that correct or can it be transferred to my original title and updated to be on the one title or if it's on two will that cause problems for the future selling etc?
Kind regards
Lisa

Land_Registry

thomasbottom wrote: »

Thank you again for your response.
I have decided with my neighbour to go down the 'transfer of part' route as that seems to make the most sense but now I am worried that I will have two titles for my property; the original and the transferred part once it's been done. Is that correct or can it be transferred to my original title and updated to be on the one title or if it's on two will that cause problems for the future selling etc?
Kind regards
Lisa

When you apply to register the TP you can ask for the new part to be amalgamated with the main title. If it's possible to do we will.
However 2 titles creates no future issues normally provided you know there are two and not one.

thomasbottom

Land_Registry wrote: »

When you apply to register the TP you can ask for the new part to be amalgamated with the main title. If it's possible to do we will.
However 2 titles creates no future issues normally provided you know there are two and not one.

Your help has been fantastic. Thank you, I will ask for the amalgamation as you suggested.

Have a lovely weekend.
Regards
Lisa

kittyh132

Please help, we have had the report back from our house searches. We have a number of 'Restrictive Covenants'

'To pay a proportionate part of any costs charges and expenses of cleansing repairing renewing and relaying common drains laid or to be laid in or under the property and the retained land and to pay a fair proportion of the expenses payable in respect of constructing repairing rebuilding cleansing and all other things in the use of which is common to the property and the retained land'

What exactly does this mean? Our drain search cane back as inconclusive.

Thanks

da_rule

kittyh132 wrote: »

Please help, we have had the report back from our house searches. We have a number of 'Restrictive Covenants'

'To pay a proportionate part of any costs charges and expenses of cleansing repairing renewing and relaying common drains laid or to be laid in or under the property and the retained land and to pay a fair proportion of the expenses payable in respect of constructing repairing rebuilding cleansing and all other things in the use of which is common to the property and the retained land'

What exactly does this mean? Our drain search cane back as inconclusive.

Thanks

Your solicitor should be able to obtain the transfer that imposed these covenants, which will also define what land is the retained land.

Essentially it means that you have to pay towards maintenance of any drains under the property you are purchasing which also serve the retained land. These will probably be private drains, and may not have actually ever been built.

Ask the seller whether they know about the drains or have ever had to pay.

JJA80

JJA80. My sale is still hanging on by a thread. I understand my solicitor is awaiting information from Land Registry whether both my seller and I need to provide additional declarations with the plan accepting Highways changed boundary (just a minute area of land removed from my claim). Are you able to clarify this for us?
My solicitor asked for the application to be expedited but is still awaiting confirmation. Will the objection from Highways, hopefully in the process of being resolved, stop expedition being granted?

Land_Registry

JJA80 wrote: »

JJA80. My sale is still hanging on by a thread. I understand my solicitor is awaiting information from Land Registry whether both my seller and I need to provide additional declarations with the plan accepting Highways changed boundary (just a minute area of land removed from my claim). Are you able to clarify this for us?
My solicitor asked for the application to be expedited but is still awaiting confirmation. Will the objection from Highways, hopefully in the process of being resolved, stop expedition being granted?

JJA80 - I can't clarify what decision the caseworker/lawyer will make here as it would be wrong to do so when it is your solicitor they are dealing with.

All I can state is that in my experience I would expect us to contact the KCC with regards details of any response to indicate that the highway's land is to be excluded from the registration and asking them to confirm that is ok and to withdraw their objection.
We would not then need amended declarations.

I cannot identify any request for expedition but note that the solicitor has expressed the urgency. The stage the application is at though means that asking for expedition is unnecessary and perhaps to be discouraged as doing so can remove it from the normal process and the point it has now reached. That could add a slight delay although very slight but important if things are hanging by a thread.

If my experience is correct then the next step is a response from the objector. Once that is received the application should proceed to a fairly swift completion and registration.

I'll check in with the processing office to ensure that any communication to the objector is issued asap

aeg85

Hello,

We had our application to expedite approved last week for 7 Ellesmere, DH4 6DZ and I was just wondering how reliable this site is for being updated?

https://search-property-information.service.gov.uk/drv/search/dh4%206dz/address/6bYi6tRp8MaxSmp-x-8vTA==?page=1

I check it every day and wasn't sure if it is updated regularly, thanks!