Land Registry questions

Land_Registry

aeg85 wrote: »

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

It's not a public notice as it is sent to the registered owner and others potentially.
In most adv p cases involving a registered title it would be the 65 day notice period

aeg85

Land_Registry wrote: »

It's not a public notice as it is sent to the registered owner and others potentially.
In most adv p cases involving a registered title it would be the 65 day notice period

Ok, thanks. It's just we're in the process of buying this house and our mortgage company won't let us complete until this has been sorted. We only have 6/7 weeks and I wanted to see what steps they have to go through for this to be sorted. I didn't know if things differed if the original owner was deceased.

Land_Registry

aeg85 wrote: »

Ok, thanks. It's just we're in the process of buying this house and our mortgage company won't let us complete until this has been sorted. We only have 6/7 weeks and I wanted to see what steps they have to go through for this to be sorted. I didn't know if things differed if the original owner was deceased.

Every application is considered on merit but if they are deceased then the land still forms part of their estate so any executor(s) may have an interest still

geom

There are currently 3 properties that share a drive into all 3. we are the middle property that owns the drive and we are yet to move in. The deed of rectification has been submitted 5 weeks ago which only requires a note declaring that maintenance of the drive is shared 3 ways. the property owners have agreed and signed the necessary documents. We cannot move into our property which we agreed to purchase some 3 months ago. We are currently living in a camper van and would ask if you can say how much longer this might take.

Land_Registry

geom wrote: »

There are currently 3 properties that share a drive into all 3. we are the middle property that owns the drive and we are yet to move in. The deed of rectification has been submitted 5 weeks ago which only requires a note declaring that maintenance of the drive is shared 3 ways. the property owners have agreed and signed the necessary documents. We cannot move into our property which we agreed to purchase some 3 months ago. We are currently living in a camper van and would ask if you can say how much longer this might take.

Impossible to say as every application is considered on merit and if something is not in order or wider checks are needed that can delay it longer than perhaps expected.

As this is not a routine application the devil will always be in the detail so what has the solicitor advised? Or have they checked on progress?

geom

Thank you for very prompt response.
As we are the purchaser we do not have contact with the vendors solicitor. However, we are told that they have emailed Land Registry and received an acknowledgment of that communication. They do not say that they have been given any indication of progress.
Our solicitor advises that we should not proceed to exchange and completion until we get sign off from LR. There are absolutely no changes to any of the land boundaries but merely an agreement by each party to share the cost of maintenance. The omission in the original deeds was an error by the original solicitor.
So I am at a loss why this might in any way be complicated and take this amount of time.

Land_Registry

geom wrote: »

Thank you for very prompt response.
As we are the purchaser we do not have contact with the vendors solicitor. However, we are told that they have emailed Land Registry and received an acknowledgment of that communication. They do not say that they have been given any indication of progress.
Our solicitor advises that we should not proceed to exchange and completion until we get sign off from LR. There are absolutely no changes to any of the land boundaries but merely an agreement by each party to share the cost of maintenance. The omission in the original deeds was an error by the original solicitor.
So I am at a loss why this might in any way be complicated and take this amount of time.

Time is based solely on the wait between receipt and consideration by us. We have 1000's of applications arriving everyday so I'm afraid there will always be a wait time

The application is not an everyday one such as a purchase/new mortgage for example so may need to be considered by more than one officer to ensure all is in order.

If you don;t have the specific details then you are reliant on the seller's solicitor to keep you informed or for your own to check on progress online via their business e-services account with us (if they have one)

geom

Thanks for your help.

clarecooper90

I found this thread after searching into lease problems online and hoping Land Registry can give some advice?
I excepted an offer and was given a completion date of the 5th July. All seemed to be going well until my estate agent phoned to advise that the lease at land registry stated i own only 8o% of the property and that i must contact the council if I wish to sell....this is not the correct lease and after sending the lease I have my solicitor then contacted the solicitor I used back when I bought the property (10 years ago). They have admitted they sent the wrong lease to land registry but now I am in limbo as they are blaming the developers solicitor. How long does it take to amend a lease held at land registry? Whilst i'm waiting for this I am accruing more costs, worrying that my buyer may pull out. I really need it fixed fast but I have no idea how long the process takes?

Sally_Forth

clarecooper90 wrote: »

I found this thread after searching into lease problems online and hoping Land Registry can give some advice?
I excepted an offer and was given a completion date of the 5th July. All seemed to be going well until my estate agent phoned to advise that the lease at land registry stated i own only 8o% of the property and that i must contact the council if I wish to sell....this is not the correct lease and after sending the lease I have my solicitor then contacted the solicitor I used back when I bought the property (10 years ago). They have admitted they sent the wrong lease to land registry but now I am in limbo as they are blaming the developers solicitor. How long does it take to amend a lease held at land registry? Whilst i'm waiting for this I am accruing more costs, worrying that my buyer may pull out. I really need it fixed fast but I have no idea how long the process takes?

You can apply for a copy of the lease from LR just to make sure they do have the wrong one there. Your solicitor may have a business account and can get you one quickly, if LR hold a scanned copy and not only in paper form. You can also get your solicitor to request an expedite, with evidence of the impending sale and the fact it may be lost.
If expedition is granted then it should be considered within 10 working days but how long it takes to sort out is anyone's guess.

As an aside, if the original solicitors are admitting the wrong lease was sent then whomsoever was responsible for submitting the incorrect lease may, I stress may, be liable for some of your costs now.
I'd be asking your solicitor about that too.