Land Registry questions

Land_Registry

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?

This reads like a very unusual situation and it seems odd that there woukd be a wrong and right lease tied up in the one transaction from 10 years ago. I can only assume you executed one lease and the landlord another?

You've already established a mistake was made so everything depends on how that's being dealt with by your solicitor and landlord, and what's now been applied for.

Do you have a title number for what is registered?

Yes, the solicitor can ask us to expedite and that should mean it doesn't wait too long to be looked at. But it's the detail that then matters and whether what's been applied for is sufficient to out it right.

clarecooper90

Hi Land Registry,
Thank you for your reply.
The title number is ST277197.
The issue is regarding clause 3.2 where it is on the lease registered with you (although not in the table of contents).
This clause does not appear on the copy I have and was not agrred at the purchase of the property.
If they are to expedite, is there a cost involved?
I am being told by my solicitor that it is in hand and not to worry, but this was 3 weeks ago with the solicitors I dealt with when I purchased the property saying they have requested the developers solicitor pulls there file as well to deal with it.
I'm sorry for the rant, I am soo stressed out with the situation :eek:

clarecooper90

Hi Sally_Forth thankyou for your reply :-)
I have the copy from land registry as well as the copy I was given at the time of purchase.
Its such a stressful situation I feel like i'm losing the plt :wall:

clarecooper90

Land_Registry wrote: »

This reads like a very unusual situation and it seems odd that there woukd be a wrong and right lease tied up in the one transaction from 10 years ago. I can only assume you executed one lease and the landlord another?

You've already established a mistake was made so everything depends on how that's being dealt with by your solicitor and landlord, and what's now been applied for.

Do you have a title number for what is registered?

Yes, the solicitor can ask us to expedite and that should mean it doesn't wait too long to be looked at. But it's the detail that then matters and whether what's been applied for is sufficient to out it right.

Hi Land Registry,
Thank you for your reply.
The title number is ST277197.
The issue is regarding clause 3.2 where it is on the lease registered with you (although not in the table of contents).
This clause does not appear on the copy I have and was not agrred at the purchase of the property.
If they are to expedite, is there a cost involved?
I am being told by my solicitor that it is in hand and not to worry, but this was 3 weeks ago with the solicitors I dealt with when I purchased the property saying they have requested the developers solicitor pulls there file as well to deal with it.
I'm sorry for the rant, I am soo stressed out with the situation

Land_Registry

clarecooper90 wrote: »

Hi Land Registry,
Thank you for your reply.
The title number is ST277197.
The issue is regarding clause 3.2 where it is on the lease registered with you (although not in the table of contents).
This clause does not appear on the copy I have and was not agrred at the purchase of the property.
If they are to expedite, is there a cost involved?
I am being told by my solicitor that it is in hand and not to worry, but this was 3 weeks ago with the solicitors I dealt with when I purchased the property saying they have requested the developers solicitor pulls there file as well to deal with it.
I'm sorry for the rant, I am soo stressed out with the situation

Many thanks and I can appreciate the stress this is causing.

We don't have an application against that title though so I assume that whatever the solicitor is doing is with the developer to try and resolve this. You will need to rely on your solicitor to provide some clarity around what's happening

aeg85

Hello,

I was wondering if there is an update for the adverse possession claim for title plan DU67189? A site survey took place on Monday so fingers crossed some progress has made, thanks in advance.

Land_Registry

aeg85 wrote: »

Hello,

I was wondering if there is an update for the adverse possession claim for title plan DU67189? A site survey took place on Monday so fingers crossed some progress has made, thanks in advance.

The survey report will need to be considered along with next steps. That has yet to happen but in light of EXP status I'd expect that to be next week. But there are no definitive timescales I'm afraid

Pintsize20

Hi guys,

We're trying to buy a property which currently has two title deeds. The current owners bought the property as under a shared ownership lease and then staircased up to 100%, gaining the freehold. Apparently, they weren't aware that their solicitors should have, at this time, merged the two title deeds. The owners were prepared to do this but were advised it should be done on completion, so we are now taking this on.

Our solicitor has said it's unlikely, but there is a small risk that the land registry may not accept the merger of the two titles. If we have all the documentation to show the staircasing etc, is it very likely there will be an issue with merging the titles?

thanks

Land_Registry

Pintsize20 wrote: »

Hi guys,

We're trying to buy a property which currently has two title deeds. The current owners bought the property as under a shared ownership lease and then staircased up to 100%, gaining the freehold. Apparently, they weren't aware that their solicitors should have, at this time, merged the two title deeds. The owners were prepared to do this but were advised it should be done on completion, so we are now taking this on.

Our solicitor has said it's unlikely, but there is a small risk that the land registry may not accept the merger of the two titles. If we have all the documentation to show the staircasing etc, is it very likely there will be an issue with merging the titles?

thanks

Unlikely but the devil will be in the detail so you must rely on your legal advice. We won't consider it until an actual application is made
Our Practice Guide on Leases - Determination sets out how leases may come to an end and be closed (determined) on application

KJAVW

Hi!

I am not entirely sure this is a land registry question but....

I live in a 1930's style semi detached house and we have a driveway to our house that runs to our garage, the neighbour to the left(who is not adjoining) has a drive that runs alongside ours although it is two inches lower and there is no dividing fence. however at the entrance of our driveway we have stonegate pillars with one large central one showing the demarcation of our separate drives (it is NOT a shared driveway scenario).

The previous owners of our house had our drive entrance widened by losing some of our garden as it was a tight angle to get into the drive by, so our entrance gate area is roughly 12ft 6" and there's is about 9ft. They never use their drive as it is too tight an angle to for them to easily get up and so park on the road - this is no problem for us.

Last year our neighbours advised us that they were also going to have their drive widened in the same way and raise their drive to the same height as ours - again we weren't bothered as the central stone pillar denotes it as a separate drive.

However about a three months ago the neighbour commented that she need not go to that expense if we agreed to have the central stone pillar knocked down (it abridges our two properties) and she could just raise the height of her drive. I explained I wouldn't be happy with that idea of losing the middle pillar as our drive would not be as aesthetically pleasing and the boundary between us would not be as clear and may give the impression of a shared drive. Basically as they turn into our road they could then drive across the bottom of our drive to get into her drive otherwise there would be no point in doing it. She asked me to think about it and I said I would but doubted we would change our minds. My husband gave me a definitive NO! Nothing more was said.

However our connected neighbour has warned us that the neighbours who adjoins our drive are now actively considering having the stone pillar knocked down but have said nothing to us. Our drive is a couple of inches higher with a lip on it and apparently they are claiming this lip is theirs, from what we can see on our land registry documents, it is not.

We do not currently have a gate on our drive but are considering getting one to try and stake our claim but it will be expensive.

Surely they cannot just knock down our part of the middle stone pillar and drive over our drive?

We do not currently have a gate on our drive but are considering getting one to try and highlight our part ownership, but it will be expensive.

Is there anything we can do to re-affirm our ownership of this? Are there any rules and on the type or height of fence we can install to mark out the boundary?