Land Registry questions

da_rule

vjm63 wrote: »

Hi Land Registry,



I am wanting to do a voluntary first registration for a piece of land, but the guidance I can find online all seems to be aimed at it being done by a conveyancer. There are no deeds that we can find at all - but we have been looking after the land for 13 years or more with no-one disputing that at all.


On the FR1 I would use panel 16 not 15 - but even 16.1 asks for details of the conveyancer - so I am confused! I would also need to send in the LD1 I assume - which needs a conveyancer to certify I am who I am.



Would it be honestly simpler to get a solicitor to do this rather than me - do non-conveyancers succeed in this process?


Thanks.

If you have no deeds evidencing ownership then it’s highly unlikely a first registration application would be appropriate/successful. Instead, you should look at the practice guides for adverse possession of unregistered land.

Land_Registry

Belle1576 wrote: »

Hi land Registry just a quick question we are selling our property and our buyer wants us to get the right of way removed ,we were lead to believe that once we had consent of the lender and our neighbour and had all the paperwork drawn up that the easement and change of ownership would be done at the same time. They are now asking for us to do the easement before exchange as he would not own the property. Is this true or can it all be applied for at same time the solicitors are at loggerheads about it.

Thanks

Either can work as from a registration point of view it's just a question of applying in the right order on a single application. So providing the relelease of the right comes before the Transfer you can do it as one. As such I suspect there are other reasons for not doing so as one application for example new lender's process requires it or solicitor feels there is a risk that if there's an issue about the release then you are reliant on the seller to sort it for you

Land_Registry

vjm63 wrote: »

Hi Land Registry,

I am wanting to do a voluntary first registration for a piece of land, but the guidance I can find online all seems to be aimed at it being done by a conveyancer. There are no deeds that we can find at all - but we have been looking after the land for 13 years or more with no-one disputing that at all.

On the FR1 I would use panel 16 not 15 - but even 16.1 asks for details of the conveyancer - so I am confused! I would also need to send in the LD1 I assume - which needs a conveyancer to certify I am who I am.

Would it be honestly simpler to get a solicitor to do this rather than me - do non-conveyancers succeed in this process?

Thanks.

If you are claiming the land then as da_rule posts it's Practice Guides 4 or 5 you need to follow for guidance

All the PGs are written primarily for conveyancers as invariably registration is only part of the legal process. Claiming land for example relies on a very complex area of law so we would always recommend you seek legal advice/assistance. You need to make sure you satisfy the legal requirements first as if you can't then there's no point applying to register your claim.

vjm63

Thanks Land Registry for the swift response.



I did apply for adverse possession on the ADV1 form with evidence and it was sent back saying I should have used FR1 and DL for unregistered land - hence me starting down that path.



Hence the current situation. Looks like it needs to go to a suitable solicitor then.

Belle1576

Deeds of release
Thank you.
How long does it take to do.
Can I get updates on here about it

Sarahloulouise

Hi Land Registry,

I am buying a property and I have looked at the title plan. It shows that the house has a long think garden that has access to a smaller road (no issue with access as it's a council road), at the back.

The estate agent has told me that the seller had a verbal agreement with the next door neighbour where they had swapped parts of the land. Basically the next door neighbour has claimed the end of the garden and parks his car there. This does not show any changes on the land registry plans. (However the land has a right of passage by foot across it).

However the land that was 'given' to the seller of the house has been registered with the land registry. And has title deeds listed under the property name (I don't know if these would be included in the sale and to be honest it's not good land as I would prefer the parking space, which is on the actual land registry plans.

My question is can the seller change the land registry plans to sell this whislt it's sold subject to contract? Of this does through with no one claiming it as a problem, can I just claim the land back as there's no wall or fence to knock down.

Thank you and sorry for the long post.
Sarah

Issy101

Hi Land Registry,

We are in the process of buying a flat, however the title plan is currently incorrect and does not reflect the flat boundaries like the lease plan does. This has been sent you, however please could you let us know how long it will take to be amended? Thanks

Land_Registry

Belle1576 wrote: »

Deeds of release
Thank you.
How long does it take to do.
Can I get updates on here about it

If it's an application to update both titles then the average is 9 working days between receipt and consideration. Everything then hinges on it being in order.
The solicitor can track their application and advise you on timings

Land_Registry

Issy101 wrote: »

Hi Land Registry,

We are in the process of buying a flat, however the title plan is currently incorrect and does not reflect the flat boundaries like the lease plan does. This has been sent you, however please could you let us know how long it will take to be amended? Thanks

The average timescale is 9 working days between receipt and consideration. What happens next depends on it being in order

Land_Registry

Sarahloulouise wrote: »

Hi Land Registry,

I am buying a property and I have looked at the title plan. It shows that the house has a long think garden that has access to a smaller road (no issue with access as it's a council road), at the back.

The estate agent has told me that the seller had a verbal agreement with the next door neighbour where they had swapped parts of the land. Basically the next door neighbour has claimed the end of the garden and parks his car there. This does not show any changes on the land registry plans. (However the land has a right of passage by foot across it).

However the land that was 'given' to the seller of the house has been registered with the land registry. And has title deeds listed under the property name (I don't know if these would be included in the sale and to be honest it's not good land as I would prefer the parking space, which is on the actual land registry plans.

My question is can the seller change the land registry plans to sell this whislt it's sold subject to contract? Of this does through with no one claiming it as a problem, can I just claim the land back as there's no wall or fence to knock down.

Thank you and sorry for the long post.
Sarah

You need to rely on your conveyancer here to advise on next steps.
If you buy subject to contract whilst they sort out and register the transfer of the land then that is very much up to you/your conveyancer
If you complete to buy the registered extent then you need to clarify what the 'verbal consent' means in law so again one for your conveyancer. Claiming the land back may create other issues that you then have to resolve from a legal perspective.