Land Registry questions

Land_Registry

jamezp1 wrote: »

Hi Land Registry,

I need to know who owns the land where my allocated parking space is. The land behind my property and land used for access was sold to allow development on scrub land behind the house but all documents concerning this land do not outline the parking space allocated to my house but does include parking spaces allocated to other houses in the area. How best do I query who owns my parking space? is there a particular form to fill in? My solicitors have not been very forthcoming with information but they seem to be contacting the owners of the land bought here: onthemarket[COM]/details/6734353/ (I can't post links) . Any documents to do with the sale of this land always omit the parking space relating to the purchase of my property. Is this some sort of oversight or does someone else own this separate piece of land? I believe it could be the latter as my house and the house to the right were built at a later date and may be subject to a different original contract. The only form I can find to find this information relates to a property and address, but this is a parking space. Can you let me know how best for me to proceed? This is in relation to the following Title Numbers:

Title Number: K828078
Title Number: K9649l7

Your title, K964917, refers ti the Transfer by the developer to the first owner. It also refers to the allocated parking space. So that Transfer will confirm what rights you have to use that space etc

It's ownership is registered under K828078 so you have all the information you need to confirm who owns it and what rights you have to use it (and presumably any rights of others also)

Our online guidance explains how you can view the register online or apply by post for a copy of the Transfer for example

Land_Registry

Puflet wrote: »

Hi Land Registry,

Many thanks in advance for your help!

I own the freehold of a house and garden, but included in the Title Deeds is a small area of land over the other side of next door. The land is fenced off from the public, and Severn Trent Water manages a pumping station on it.

My question to you is whether it's possible to split the Deeds so that I can sell the house and garden as one lot, and sell the freehold of the patch of land to Severn Trent in due course?

If so, how long would this process be likely to take - the splitting, and registering as separate lots, I mean? There is no mortgage involved.

It is possible but unnecessary as if you own both the property and land then when you sell one then it will split naturally. The sold part will get a new title number allocated and be removed from the old title

We currently have a backlog of this type of work so would refuse to split the title until such an application were made.
So if you are going to sell one or the other just go ahead in the normal way and make it clear that t is a sale of part and not the whole

chunkytfg

Land_Registry wrote: »

You'll need to contact the support team on that one

It's okay we did and its now all sorted.

Thanks for your time:beer:

bh01

Hi. We have a Freehold with £4 rentcharge, and restrictive covenants (e.g. allowable hedging plants, permission required for extensions, etc.) dating back to 1922 when our house was built on part of a field. We'd like to remove the covenants and rentcharge from the deeds. The covenants don't clearly define the benefiting land explicitly, but instead define the covenantee who lived many miles away and our deeds mention land owned by them at that time.
The field has been fully developed for a few decades. So in my opinion there is no benefiting land and therefore no justification for restrictive covenants.
The rentowner used to use an agent and (for example) in 1998 we got permission via the agent for house extensions etc.. But for about 15 years there have been no requests for rentcharge.
The agent says they no longer represent anyone in regard to our property and they can find no record of who it might have been in the past.
I know I can try to get the rentcharge settled via the Rentcharge office in Birkenhead, hopefully at no cost if the rentowner isn't charging and isn't known. (I'd prefer to clear it rather than leave it hanging over us and any sale until 2037).
But how do I clear the covenants without it costing hundreds of pounds to use the Upper Tribunal plus maybe a lawyer? Is there a free place to start with? Will not knowing the rentowner affect how easily I can clear the covenants?
Thanks in advance.

Land_Registry

Deleted_User wrote: »

The only response that’s been fed back to us is that the land registry are just very slow and are impossible to get hold of on the phone. I can’t seem to be able to get much out of them.

Some applications can be 'slow' and it can be tricky to get through on the phone at busy times. But the solicitor should be aware of the type of application made and what delay may exist - they can do that without the need to contact us.

Do you have the title number?

Land_Registry

bh01 wrote: »

Hi. But how do I clear the covenants without it costing hundreds of pounds to use the Upper Tribunal plus maybe a lawyer? Is there a free place to start with? Will not knowing the rentowner affect how easily I can clear the covenants?
Thanks in advance.

No other way than the Upper Tribunal/legal advice you mention or identifying the benefiting land and it's current owner(s) and getting them to release the covenants

Certainly no free place to start and in my experience no easy way to clear them

Not what you wanted to read but it seems you have researched this much more than most so I suspect you already had an idea that the response would be merely to confirm

Land_Registry

Deleted_User wrote: »

Hi thanks for the response, the title number is WA95769.

Looks like the solicitors wrote to us and we took out an application to consider changing the register. That was on 9th August.
I’ve contacted the processing office to see what’s happening and to get an idea on timescales - I’ll post again when I know more

jennasal

Land_Registry wrote: »

If the rectified garden and loft are being added to the same lease then that is often done by way of a single deed of variation
That will act as a surrender and regrant of the original lease

There's a backlog of that type of work at present so of it's urgent whoever applies needs to include documentary evidence of the onward sale being confirmed and time sensitive and ask us to expedite the registration. Expedition reduces the wait time to a few weeks providing everything is in order

Thanks for the reply, we are hoping to submit this deed to the land registry next week. However the purchase needs to be completed by the 30th September - would it be possible for the deed of variation to be registered by then if it is expedited?

Land_Registry

jennasal wrote: »

Thanks for the reply, we are hoping to submit this deed to the land registry next week. However the purchase needs to be completed by the 30th September - would it be possible for the deed of variation to be registered by then if it is expedited?

Possible but a very tight timescale even with expedition. Everything would have to be in order to achieve it but you’ll need to rely on your solicitor to advise and confirm that for you initially. Plenty of other things to align also in my experience

MrJon

Hello,

I hope this is the right thread for this. Desperately need advice.

Years back, I agreed to help a relative financially to purchase a property. And so I got on a mortgage with the relative but NOT on the deed. At first, the land registry were a bit iffy but after a bit of back and forth with the lender and the land registry, the land registry finally agreed to only have my relative on the deed without me. So as it stands, I am on the mortgage helping with the debt but not on the deed. The way I see it in other words, I have a mortgage but I do not own a property.

Fast forward few years to present time. My husband and I now want to purchase a property with the help to buy scheme as first time buyers. The help to buy website states "if one already have a property, then one is not eligible for the scheme". I called help to buy and the agent I spoke with wasn't too sure and says we may NOT be eligible for the scheme because I already have a mortgage. I explained to the agent that I am on a mortgage but do not own a property. The agent said he will clarify things and get back to me.

Does anyone know if one qualifies for help to buy scheme if one already have a mortgage but not a property?

Thanking you in advance.