Land Registry questions

Land_Registry

Jules0606 wrote: »

Hi,
I urgently need some advice as my buyer (understandably) will not exchange contracts until my Lease Extension has been registered with Land Registry. This was expedited by my solicitor yesterday.

My vendor is pulling out on 29th July if I have not completed by then and Land Registry informed me today that the Lease Extension had been received as expedited, but may not be registered in 10 days if there are queries.

This has been an exhausting process of continual chasing of Guinness Housing Association and their Solicitor over delay after delay and my children and I are broken-hearted that we could potentially lose the home that we found,and the conveyancing, brokerage and valuation fees, leaving us back at the start of years of saving to try again before we can buy again.

I also need to find us somewhere to move to urgently, in order not to lose the buyer, who wanted to complete at the beginning of July.

Would you have an idea of the process and time it usually takes to complete the registration?

Hi. As the case has now been expedited then the case will proceed through each stage as quickly as possible. The difficulty in giving a timescale for completion is that queries may arise which need to be resolved for the application to be in order and in that event we would be reliant on the solicitors acting to come back to us.

Land_Registry

Hayley20013 wrote: »

Hello, i purchased a house from my local council. The sale went through back in February. After raising a query with them recently they have said the title plan they sent me and that I was then sent from the land registry upon completion is wrong. They have sent me an amended version on 1/7/19 that takes away about a quarter of the original boundary! (It’s a garage and my house is built on top of this) they said they will contact land registry to get it officially changed. My question is can they just amend the documents registered with the land registry on my property without my consent, now that I am the owner?

Hello. It's difficult to comment in general terms as much will depend on the individual circumstances. It might be best to contact us directly giving details of the property - https://!!!!!!/2F6AtxU .

Land_Registry

stressed1 wrote: »

Hi
Forgive me if I've posted this wrongly
Morgoed Estates have just sent me a letter to say we can buy our freehold from them and they will sort out the admin. I have the OC1 form which confirms they are the freeholder. Would it be straightforward for me to register the freehold with the Land Registry if I did buy it off them?

Hi. They've said they'll sort out the admin so that might include the registration aspect - it'd be worth checking if you've not already done so.

Please see our general guidance on GOV.UK - https://www.gov.uk/registering-land-or-property-with-land-registry/transfer-ownership-of-your-property. There are links to the forms involved and if you scroll down on those pages there are guidance notes and an instructional video.

It's important to remember though there is usually more to consider that just the registration aspect and identity requirements will apply for those parties that are not represented by a conveyancer, such as a solicitor. In this case, there may also be an added aspect of merging the freehold and leasehold titles if this is required and many will choose to get a solicitor to act on their behalf in these situations.

lebowski1980

Hi Land Registry

We are in the process of buying a property and were hoping to complete on the 17th July in time for a family event we were hoping to hold. There was an issue with a restriction in the deeds that required amendment.

The amendment has been agreed by solicitors and required an RX1 to register new restriction and RX4 to remove the old. I believe this has been action yesterday or today.

Could you tell me how long it normally takes (assuming there are no queries) for an amendment to a title deed to be processed? Is there any way that this processing can be expedited?

Many thanks

Sally_Forth

lebowski1980 wrote: »

Hi Land Registry

We are in the process of buying a property and were hoping to complete on the 17th July in time for a family event we were hoping to hold. There was an issue with a restriction in the deeds that required amendment.

The amendment has been agreed by solicitors and required an RX1 to register new restriction and RX4 to remove the old. I believe this has been action yesterday or today.

Could you tell me how long it normally takes (assuming there are no queries) for an amendment to a title deed to be processed? Is there any way that this processing can be expedited?

Many thanks

If the only application currently submitted to LR is the RX4/RX1 that should be considered within 10 days and, with no queries, be completed on the same day.
If there are other applications submitted before the RX4/RX1 they would have to be completed first.

If the application to register the purchase of the property is already submitted (and no other applications submitted before it are waiting to complete) then the RX4/RX1 would (hopefully) be submitted as replies to that application and completion would depend on whether that was the only point outstanding. Again that would hopefully be within a few days of them being submitted as replies.

As a further point, completion can occur before registration is completed. People have been happily living in their new homes for months before registration

matt-c_2

Hello Land Registry

My partner and I are attempting to purchase a house but have been delayed by an issue with the title. Neither our solicitor or agent has properly explained the impact of this issue. The sellers solicitor believes it to be a non issue but again no explanation has been given.

Essentially the property is listed as freehold title absolute. However on the charges register there is an entry that states (I have omitted the names):

(12.04.1996) Lease dated 21 August 1974 to XXX and XXX for 99 years from 1 January 1973.

What does this entry indicate? We can only assume that the lease still belongs to a previous owner who would still have the right to occupy the property

Thank you in advance.

Sally_Forth

matt-c wrote: »

Hello Land Registry

My partner and I are attempting to purchase a house but have been delayed by an issue with the title. Neither our solicitor or agent has properly explained the impact of this issue. The sellers solicitor believes it to be a non issue but again no explanation has been given.

Essentially the property is listed as freehold title absolute. However on the charges register there is an entry that states (I have omitted the names):

(12.04.1996) Lease dated 21 August 1974 to XXX and XXX for 99 years from 1 January 1973.

What does this entry indicate? We can only assume that the lease still belongs to a previous owner who would still have the right to occupy the property

Thank you in advance.

There will be a freehold and a leasehold title on the property.
If you're buying the leasehold then that lease will only run until 2072, less than 80 years to go.
A lot of mortgage providers don't like lending on leaseholds with less than 80 years.
That may be the problem.
If you're buying the freehold, then yes, there may be a sitting tenant.

matt-c_2

Sally_Forth wrote: »

There will be a freehold and a leasehold title on the property.
If you're buying the leasehold then that lease will only run until 2072, less than 80 years to go.
A lot of mortgage providers don't like lending on leaseholds with less than 80 years.
That may be the problem.
If you're buying the freehold, then yes, there may be a sitting tenant.

Thank you for that, this is what we feared. The seller (it's a part exchange home from a national builder) does not believe this is an issue and is in no rush to try to sort the title out to remove the lease.

Its the freehold we should be buying but will not be proceeding if someone else still owns the leasehold.

lebowski1980

Sally_Forth wrote: »

If the only application currently submitted to LR is the RX4/RX1 that should be considered within 10 days and, with no queries, be completed on the same day.
If there are other applications submitted before the RX4/RX1 they would have to be completed first.

If the application to register the purchase of the property is already submitted (and no other applications submitted before it are waiting to complete) then the RX4/RX1 would (hopefully) be submitted as replies to that application and completion would depend on whether that was the only point outstanding. Again that would hopefully be within a few days of them being submitted as replies.

As a further point, completion can occur before registration is completed. People have been happily living in their new homes for months before registration

Thanks Sally_Forth

I won't pretend to understand all of that in detail but the reality is that we would like to complete on our purchase if possible before the application is approved. Both parties are satisfied for the amendments to take place.

The nature of the change on the restriction is that specific names need to be removed and 'owner of the property' inserted instead otherwise we are bound to the neighbours by name rather than by the boundary of the property.

We have signed all other documents are ready for exchange pending this update to the deeds.

Our solicitor has said there is risk in exchanging and completing before this amendment takes place and we would need to be happy to proceed as would our lender.

Just trying to quantify the risk really. i.e. - if LR appliation is refused, neighbours may refuse to further change to satisfy requests.

Trying to balance that with a large amount of enthusiasm and drive to get completed by said date in order to be in house in time for family event.

Land_Registry

lebowski1980 wrote: »

Hi Land Registry

We are in the process of buying a property and were hoping to complete on the 17th July in time for a family event we were hoping to hold. There was an issue with a restriction in the deeds that required amendment.

The amendment has been agreed by solicitors and required an RX1 to register new restriction and RX4 to remove the old. I believe this has been action yesterday or today.

Could you tell me how long it normally takes (assuming there are no queries) for an amendment to a title deed to be processed? Is there any way that this processing can be expedited?

Many thanks

The average wait time between receipt and registration is 9 working days. But that's an average across all types of application to update the register, which is what this is.

Where delays tend to arise on RX1/RX4 applications is where the required consents/authorities are not present and wider checks are needed.

So I assume by 'action' you mean the solicitors lodged them. If so then use our online contact form to submit the specific details say Wed/Thurs to check on progress Or rely in the solicitor as they can check also