Land Registry questions

da_rule

doyle1 wrote: »

Land Registry, My mother has gone into a care home permanently. We have discussed finance with the LA, ( I have POA) and my mother's house is being taken into account as capital.
The LA finance person said that my mother's house is not registered (quite an old house) and needs registering with Land Registry. Can you tell me the process, and also, what would stop me registering it my name?


Thanks

You’d need to evidence a transfer to yourself. If you transfer it now, it will still be regarded as a notional asset in relation to your mum. There may also be other ramifications, such as the Office of the Public Guardian revoking the POA, or possibly having the transfer declared void under the Insolvency Act as being an action purely designed to defraud creditors.

If you falsely a transfer deed then this is fraud. Also, you’ve seemingly told the Local Authority that your mum owns the property, so that would be hard to take back.

Land_Registry

doyle1 wrote: »

Land Registry, My mother has gone into a care home permanently. We have discussed finance with the LA, ( I have POA) and my mother's house is being taken into account as capital.
The LA finance person said that my mother's house is not registered (quite an old house) and needs registering with Land Registry. Can you tell me the process, and also, what would stop me registering it my name?
Thanks

Our PG 1 explains how to register it in her name for the first time

The only way to register it in your name would be to transfer it from her to you. This would trigger the need to register it for the first time.

The POA isn't enough to register it in your name but I think you were asking more to do with how do you manage things with LA/care the overall consideration. If so then you may want to get legal advice re next steps - the only advice I can give is that where the person goes into care the LA put a charge on the registered title to protect their interest. Hence their asking for it to be registered

esmy

Restrictive Covenant - exRTB Property

My brother and I are executors and beneficiaries of my father's estate. We wish to transfer ownership of his house to ourselves as tenants in common - my brother will be living in the property. There is no mortgage and the property is freehold.

The City Council has a covenant on all ex council properties enabling them to raise a 'freehold service charge' - apparently they have never done so - and all future owners have to enter into the deed of covenant.

We have sent the application to the council to transfer the deed to us. I understand that we need to complete forms AP1 and AS1 to transfer the property, but I'm not clear whether we need to wait until the covenant is dealt with and if we should send this to the Land Registry with forms AS1 and AP1.

Thanks for any advice.

da_rule

esmy wrote: »

Restrictive Covenant - exRTB Property

My brother and I are executors and beneficiaries of my father's estate. We wish to transfer ownership of his house to ourselves as tenants in common - my brother will be living in the property. There is no mortgage and the property is freehold.

The City Council has a covenant on all ex council properties enabling them to raise a 'freehold service charge' - apparently they have never done so - and all future owners have to enter into the deed of covenant.

We have sent the application to the council to transfer the deed to us. I understand that we need to complete forms AP1 and AS1 to transfer the property, but I'm not clear whether we need to wait until the covenant is dealt with and if we should send this to the Land Registry with forms AS1 and AP1.

Thanks for any advice.

Depends what the exact wording of the restriction says.

Most will say something along the lines of “no disposition without a certificate signed by a conveyancer that the deed of covenant etc etc has been entered into”. Therefore, you cannot register the assent (as a form of disposition) without the certificate which can’t be legitimately issued until the deed of covenant is dealt with.

Souch87

Our situation is slightly more complexed then it appears
We own the freehold of the flat downstairs and the leasehold of ours and vice versatility. I’ve heard that the downstairs people are looking to move out and rent the property . From what I can see in our documents they cannot do this under one of the convernent. How can we address this in a nice way without causing issues. Is there a best approach

Land_Registry

esmy wrote: »

Restrictive Covenant - exRTB Property

My brother and I are executors and beneficiaries of my father's estate. We wish to transfer ownership of his house to ourselves as tenants in common - my brother will be living in the property. There is no mortgage and the property is freehold.

The City Council has a covenant on all ex council properties enabling them to raise a 'freehold service charge' - apparently they have never done so - and all future owners have to enter into the deed of covenant.

We have sent the application to the council to transfer the deed to us. I understand that we need to complete forms AP1 and AS1 to transfer the property, but I'm not clear whether we need to wait until the covenant is dealt with and if we should send this to the Land Registry with forms AS1 and AP1.

Thanks for any advice.

It all depends on how the council's interest is registered. If it is as a restrictive covenant then that is not going to impinge on the Assent from your late Father's name to the beneficiaries.

And you can apply to remove a restrictive covenant at any time as it's removal is quite separate.

Land_Registry

Souch87 wrote: »

Our situation is slightly more complexed then it appears
We own the freehold of the flat downstairs and the leasehold of ours and vice versatility. I’ve heard that the downstairs people are looking to move out and rent the property . From what I can see in our documents they cannot do this under one of the convernent. How can we address this in a nice way without causing issues. Is there a best approach

Not something we can advise you on so very much one for legal advise as if you are looking to enforce it and they take no notice it is legal action which comes next.

You may wish to start a separate MSE thread to seek the views of others as a result

aeg85

Hi,

What is the process for adverse possession?

For example, a chunk of garden to the side of the house was found to be registered by a previous owner back in the 70's. This owner has since died a long time ago and the house was bought 21 years ago by the current owners who have been in possession of this land since then, it forms part of the garden down the side of the house. They failed to spot the error on the title plan for the house so this bit of land, with it's own title plan, was missed out of the sale.

In this type of adverse possession application, what would the steps be? Would the application still go to public notice, etc?

Any help would be greatly appreciated, thanks!

Land_Registry

aeg85 wrote: »

Hi,

What is the process for adverse possession?

For example, a chunk of garden to the side of the house was found to be registered by a previous owner back in the 70's. This owner has since died a long time ago and the house was bought 21 years ago by the current owners who have been in possession of this land since then, it forms part of the garden down the side of the house. They failed to spot the error on the title plan for the house so this bit of land, with it's own title plan, was missed out of the sale.

In this type of adverse possession application, what would the steps be? Would the application still go to public notice, etc?

Any help would be greatly appreciated, thanks!

The steps would be the same as any other adv p application in that
a) any stat dec/statement of truth claiming possession would have to be considered to ensure it was sufficient
b) a site visit (if required) to confirm the reality on the ground; and
c) notification (if required) to registered owner(s) as appropriate

Essentially, and if I have understood correctly, the property was registered under 2 title numbers but when it was sold many years ago they forgot to include the additional land and the buyers failed to spot the 'missing' land from the single title plan/details checked/viewed at the time

So rather than try to locate the executor for the deceased registered owner of the land and get them to transfer it now they are looking to claim possession of it

aeg85

Land_Registry wrote: »

The steps would be the same as any other adv p application in that
a) any stat dec/statement of truth claiming possession would have to be considered to ensure it was sufficient
b) a site visit (if required) to confirm the reality on the ground; and
c) notification (if required) to registered owner(s) as appropriate

Essentially, and if I have understood correctly, the property was registered under 2 title numbers but when it was sold many years ago they forgot to include the additional land and the buyers failed to spot the 'missing' land from the single title plan/details checked/viewed at the time

So rather than try to locate the executor for the deceased registered owner of the land and get them to transfer it now they are looking to claim possession of it

Yes, that is correct.

So if that is the case, with the original owner now deceased and them having lived with this land for 21 years and in a case like this one, would it have to go to public notice?

I only ask so I can try and gauge how long this process will take, as I have seen varying cases where it goes to public notice for 15 business days, or 65 days? And I am unsure in a case like this one.

Thank you for your help btw, it's very much appreciated