Land Registry questions

KAT85

Thank you for your quick reply Land Registry!

The Deed of Variation is for the Variation of the Lease as below;

3. VARIATION OF THE LEASE
3.1 Variation
The following amendment should be and is hereby made to the Lease and such amendment together with the Lease shall at all times be read and construed as if the following Clause is inserted into the Lease under Schedule 4 Part 1
“5. For the purposes of this Clause the expression “any mortgagee” shall be limited to the proprietors of any mortgage charges that may for the time being be registered as a first
legal charge at HM Land Registry against the Lessee’s leasehold title. The Landlord shall:
(a) serve on any mortgagee a copy of any notice which is a statutory condition precedent to the bringing of any claim for possession of the property under Section 8 of the Housing Act 1988 (or any replacement or re-enactment thereof)
(b) give any mortgagee not less than 14 days prior notice before commencing any claim for possession of the property
(c) serve on any mortgagee a copy of any claims for possession of the property that the Landlord may issue in the Civil Courts regardless of whether doing so is required by rules of the court; and
(d) accept payment of ground rent from the mortgagee if offered on behalf of the Lessee’

Our solicitors have agreed to an undertaking that the Deed will be registered post exchange once signed by all parties. We are just waiting for the Freeholder to sign and then as far as I am aware it will be registered. Assuming it will need to be registered prior to completion is this likely to be the 2/3 week timescale you have suggested as long as our solicitor requests for it to be expedited. We will need to complete on our purchase in 5 weeks so are running out of time! Thank you very much for your help.

Land_Registry

andygb wrote: »

I have just done a search using "index map", and the box where you click either "tenure freehold" or "tenure leasehold" is showing an error on freehold, but all the charges for information on leasehold.
Does this definitely show that the property is leasehold, because the relative was certain they were buying a freehold property?

Impossible to advise on specifics here so please use the contact form to submit the enquiry so we can look at the actual details on record.

A search of the index map is a postal application so I'm unsure how you could have just done one?
If the leasehold is registered but the freehold is not then that is something to raise with the seller to clarify/confirm and provide the evidence of title/ownership

Land_Registry

KAT85 wrote: »

Thank you for your quick reply Land Registry!

The Deed of Variation is for the Variation of the Lease as below;

3. VARIATION OF THE LEASE
3.1 Variation
The following amendment should be and is hereby made to the Lease and such amendment together with the Lease shall at all times be read and construed as if the following Clause is inserted into the Lease under Schedule 4 Part 1
“5. For the purposes of this Clause the expression “any mortgagee” shall be limited to the proprietors of any mortgage charges that may for the time being be registered as a first
legal charge at HM Land Registry against the Lessee’s leasehold title. The Landlord shall:
(a) serve on any mortgagee a copy of any notice which is a statutory condition precedent to the bringing of any claim for possession of the property under Section 8 of the Housing Act 1988 (or any replacement or re-enactment thereof)
(b) give any mortgagee not less than 14 days prior notice before commencing any claim for possession of the property
(c) serve on any mortgagee a copy of any claims for possession of the property that the Landlord may issue in the Civil Courts regardless of whether doing so is required by rules of the court; and
(d) accept payment of ground rent from the mortgagee if offered on behalf of the Lessee’

Our solicitors have agreed to an undertaking that the Deed will be registered post exchange once signed by all parties. We are just waiting for the Freeholder to sign and then as far as I am aware it will be registered. Assuming it will need to be registered prior to completion is this likely to be the 2/3 week timescale you have suggested as long as our solicitor requests for it to be expedited. We will need to complete on our purchase in 5 weeks so are running out of time! Thank you very much for your help.

It's not extending the term (years) or varying the extent so I would expect it to fall into the 2/3 weeks category.
The average timescale is 9 working days but that is across a very wide range of applications, hence the 2/3 week reference.

So the key now is the freeholder's signature and then lodgement. Once that's done the registration clock can start ticking

andygb

Land_Registry wrote: »

Impossible to advise on specifics here so please use the contact form to submit the enquiry so we can look at the actual details on record.

A search of the index map is a postal application so I'm unsure how you could have just done one?
If the leasehold is registered but the freehold is not then that is something to raise with the seller to clarify/confirm and provide the evidence of title/ownership

Ah, so I haven't done a proper search.
I clicked on the blue link in your post - search the index map - then clicked on - search of the register - which took me to - search for property information - then clicked on - green start now tab - which took me to - find a property - and I put in the house number and postcode.
If I put in my own postcode, it comes up with Freehold which is correct, and gives me the option of buying property documents - register, plan etc.
When I put in my relative's property details, it shows two boxes - tenure leasehold and tenure freehold.
If I click on leasehold it gives options to purchase documents, but if I click on freehold it simply says error.

Knitty_to_the_gritty

Hi again, has there been any action on the below (ON37123)?
Many thanks

Land_Registry wrote: »

Nothing received against that title number as yet so I assume you have only just submitted it and it has yet to appear in our systems.

If you submitted it last week then it may be worth checking to see whether the registration fee has been cleared by your bank.

Once received the average wit time between receipt and consideration is 9 working days. Timescales after that can vary depending on whether it is in order and/ir whether wider checks are required

JJA80

JJA80. I did contact Highways and they were very helpful. They have replied to you today but said I had to contact you for the details. Hopefully they have now been able to withdraw their objection. Are you able to give me that information? If they have withdrawn their objection how long will it be before you can give me your decision on approval?

bluescricket

Hi,

My wife and I are the registered proprietors of a property and are holding it in trust for a group of beneficiaries under a Will trust. There is currently an ongoing legal dispute about the details of the trust and we have just received a Property Alert that an application has been made against the property. How can we ensure that this application is not processed while the dispute is ongoing? The application may have included supporting evidence but we would dispute the legitimacy of this. The title number is SK113725.

Thanks

Land_Registry

andygb wrote: »

Ah, so I haven't done a proper search.
I clicked on the blue link in your post - search the index map - then clicked on - search of the register - which took me to - search for property information - then clicked on - green start now tab - which took me to - find a property - and I put in the house number and postcode.
If I put in my own postcode, it comes up with Freehold which is correct, and gives me the option of buying property documents - register, plan etc.
When I put in my relative's property details, it shows two boxes - tenure leasehold and tenure freehold.
If I click on leasehold it gives options to purchase documents, but if I click on freehold it simply says error.

If you got an error message then that reads like an IT/system failure rather than a lack if actual information

You'll need to submit the specific details using the contact form so someone can take a look at the specifics and advise

Land_Registry

bluescricket wrote: »

Hi,

My wife and I are the registered proprietors of a property and are holding it in trust for a group of beneficiaries under a Will trust. There is currently an ongoing legal dispute about the details of the trust and we have just received a Property Alert that an application has been made against the property. How can we ensure that this application is not processed while the dispute is ongoing? The application may have included supporting evidence but we would dispute the legitimacy of this. The title number is SK113725.

Thanks

If you wish to check/confirm the details of the application then you can submit an OS3 (non priority) search. That will confirm the nature of the application for you and reaffirm who has submitted it
The alternative is to contact the solicitors who have submitted the application

If you wish to contact us re any concerns you may have then you can use our online contact form

Land_Registry

Knitty_to_the_gritty wrote: »

Hi again, has there been any action on the below (ON37123)?
Many thanks

No application to update the register as yet