Land Registry questions

Land_Registry

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.

Your assumption is correct as the entry indicates that a noted lease exists. The key is what has happened to it and hopefully the seller can clarify.

Leases can come to an end (determined) in a number of ways so all a case of identifying if it has and how before applying to cancel it

lebowski1980

Land_Registry wrote: »

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

Thanks for your advice. I have signed up to LR property alerts and can see that the application lodged has been acknowledged this morning. There is a reference on there so I will chase up this week at some point to check progress.

Thanks again

Sarahloulouise

Hi,

Me and my partner are buying a property. Due to a company falsely putting on a CCJ (matter partly resolved but credit scores take a while to update) so the mortgage could be apply for only in my partner's name.
My question is could my name be added to the title deeds if my name's not on the mortgage? Can this be done at the point of sale?
We are putting down a 20k deposit each so I want to secure a right to 50% of the property.

Thank you.

expressyourself

Hi Land Registry,

I had a dispute with another party over some money I owed them and this has been settled outside of court and the courts have been informed.

Early on during the claim process the other party applied using N379 for a charge to be put on my land.

A few months ago we have reached a settlement and the other party informed the courts that they no longer needed the charging order to be made final.

I am now in the process of remortgaging and out of curiosity I checked if there was a restriction on my account and was told by someone at Land Registry on the phone that there is.

I have two questions

1.What is the quickest way to get this removed?
2. What are the current timescales?

Land_Registry

Sarahloulouise wrote: »

Hi,

Me and my partner are buying a property. Due to a company falsely putting on a CCJ (matter partly resolved but credit scores take a while to update) so the mortgage could be apply for only in my partner's name.
My question is could my name be added to the title deeds if my name's not on the mortgage? Can this be done at the point of sale?
We are putting down a 20k deposit each so I want to secure a right to 50% of the property.

Thank you.

A mortgage deed (a legal charge) requires all registered owners to 'charge the property'.
So you can have 1 registered owner and 2 names in the actual legal charge/mortgage
But you can't have 2 registered owners and just one of them named as the borrower in the legal charge/mortgage

So if you bought in your joint names the mortgage would have to be in your joint names also.
If you bought/mortgaged in a sole name and then wanted to transfer to joint names afterwards you would need your lender's consent to do that.

If for some reason you are not going to be a legal owner but want to protect your deposit/your 50% for example then speak to your conveyancer to see how you can do that

Sally_Forth

expressyourself wrote: »

Hi Land Registry,

I had a dispute with another party over some money I owed them and this has been settled outside of court and the courts have been informed.

Early on during the claim process the other party applied using N379 for a charge to be put on my land.

A few months ago we have reached a settlement and the other party informed the courts that they no longer needed the charging order to be made final.

I am now in the process of remortgaging and out of curiosity I checked if there was a restriction on my account and was told by someone at Land Registry on the phone that there is.

I have two questions

1.What is the quickest way to get this removed?
2. What are the current timescales?

If the restriction is one that the other party placed on the register (you would have very likely received a notice with the opportunity to object, sent to your address for service) you could get that party to complete an RX4 and either submit that themselves or have a solicitor submit it on their behalf.
Average waiting time for that is 10 working days.
Alternatively you can submit an RX3 with evidence that the restriction is no longer required. This should be considered within 10 days but wider checks would likely delay that for a few weeks longer.

You should probably ascertain whether that is indeed a restriction placed by the other party or whether it was perhaps a restriction already on the register. There can be many reasons for a restriction, for example, management companies place restrictions on properties where portions of the land not being your property are maintained by themselves.

You can order your title register online for £3

Dymphna60

Hello land registry
I inherited a house from my partner ( not married- freehold in his sole name - )
last year .
I was also executor. Probate granted 9 months ago .
I have not changed the title to my name as I thought I would sell it but have found it difficult to deal with emotionally.
I also inherited a small extra property that I sold ‘ from the estate ‘
I now have trouble with insurance, they are asking if I own it and stupidly I don’t know the answer.
I can start the process of registering to myself tomorrow but have I broken any law by not doing it sooner. Can I be fined ? Thank you it is making me very anxious.

Henryhoof

Hello,

Theoretical question, pondering the legality of the following:

Assume I own a home with my partner (not married) in a joint ownership. For ease assume no mortgage.

Can I transfer my joint ownership to a single ownership, ie., take my name off the deed/ownership, and not charge my partner anything for the 'purchase'.

So my partner would own the whole house and no money has exchanged hands. Consider it a gift from me.

Is that legal? Especially if my partner and I are still living together and have no plans to separate.

Yes I know I have no legal right to the house, that's fine, I trust my partner.

Question 2:
Can I then buy a second home to let, at the lower levels of SDLT?

Cheers,

Land_Registry

expressyourself wrote: »

Hi Land Registry,

I had a dispute with another party over some money I owed them and this has been settled outside of court and the courts have been informed.

Early on during the claim process the other party applied using N379 for a charge to be put on my land.

A few months ago we have reached a settlement and the other party informed the courts that they no longer needed the charging order to be made final.

I am now in the process of remortgaging and out of curiosity I checked if there was a restriction on my account and was told by someone at Land Registry on the phone that there is.

I have two questions

1.What is the quickest way to get this removed?
2. What are the current timescales?

Of it is a restriction then the quickest way is to get the restrictioner to withdraw it using a form RX4
You can apply to cancel it using a form RX3 and supply evidence to show how the interest has come to an end

The average timescale is currently 9 working days but some applications may take longer. For example in some cases we will need to carry out wider checks, inc contacting the restrictioner, and they are given time to respond.

So it all depends on what application is made, what evidence is provided (if needed) and what checks we then need to make (if any)

Land_Registry

Dymphna60 wrote: »

Hello land registry
I inherited a house from my partner ( not married- freehold in his sole name - )
last year .
I was also executor. Probate granted 9 months ago .
I have not changed the title to my name as I thought I would sell it but have found it difficult to deal with emotionally.
I also inherited a small extra property that I sold ‘ from the estate ‘
I now have trouble with insurance, they are asking if I own it and stupidly I don’t know the answer.
I can start the process of registering to myself tomorrow but have I broken any law by not doing it sooner. Can I be fined ? Thank you it is making me very anxious.

Many people inherit but don't transfer the registered title into their own name for a variety of reasons. However until you do then you are not 'the legal owner'.

Nobody is penalised/fined in such circumstances so have a read of our online short guide which takes you through a series of Q & As which should then link you to the guidance and forms needed.

Find a suitable time to do that and if any Qs arise then feel free to post here or if easier contact us with the specific details so we can match specific As to your specific Qs. Add MSE to the subject header and post on here when done and I can try to pick it up and reply