Land Registry questions

JennyP

Does a property have to be registered on the Land Registry in order to sell it?

My mum is selling a house at the moment that she was given by her father. He built it originally in the fifties and it was never registered. The buyers' solicitors have now asked us to register it before we sell it but won't that take months? Is it actually necessary to register it before selling and what are the advantages for the buyer in us doing that?

Thanks for any information that would shed light on this!

Land_Registry

clarecooper90 wrote: »

Hi Land Registry,
I have spoken to the solicitor and they've not received anything.

They should use their online service to check/get in touch direct then

Land_Registry

JennyP wrote: »

Does a property have to be registered on the Land Registry in order to sell it?

My mum is selling a house at the moment that she was given by her father. He built it originally in the fifties and it was never registered. The buyers' solicitors have now asked us to register it before we sell it but won't that take months? Is it actually necessary to register it before selling and what are the advantages for the buyer in us doing that?

Thanks for any information that would shed light on this!

It doesn’t have to be but that’s entirely a matter for the seller/buyer to consider/discuss/agree upon.

Some buyers, conveyances and lenders may see it as a risk as unregistered and inherited. They want the current legal ownership and a registered title confirmed before they’ll complete/buy or lend

Average timescale for a first registration is currently 5-6 weeks. If the buyer is confirmed your conveyancer can submit documentary evidence to confirm that and ask us to expedite it. If we can then you are looking at 2 weeks roughly

OJ99

Title DT428615
Following an ADV1 application an agreement over a boundary dispute with our neighbours was reached. This settlement deed was submitted in May 2018. Unfortunately 15 months later and we're still waiting to hear back from Land Registry in regard to the settlement deed. This means that boundaries are unfenced and as we are preparing to move house we want to have the property looking it's best before going on the market. Please can you advise how we can speed up this process.
Thanks in adavnce

Chaz1976

Hi
I own a house and at the side of it is a triangle of land owned by someone else. My deeds show an easement for the front corner of the other land so the owners need to pass over it to access their land. They have approached a developer about building on their land and the developer has approached us about utility access for them to build houses.
1) Has anyone ever had a similar situation?
2) Do we have to give them access to go under our land to gain utility connection?
3) are they allowed to build if crossing our land? They currently just have a field and our deeds say ‘There is reserved to the Transferor and her successors in title on foot and for agricultural residential or horticultural purposes only over and along the land hatched black’

Land_Registry

Chaz1976 wrote: »

Hi
I own a house and at the side of it is a triangle of land owned by someone else. My deeds show an easement for the front corner of the other land so the owners need to pass over it to access their land. They have approached a developer about building on their land and the developer has approached us about utility access for them to build houses.
1) Has anyone ever had a similar situation?
2) Do we have to give them access to go under our land to gain utility connection?
3) are they allowed to build if crossing our land? They currently just have a field and our deeds say ‘There is reserved to the Transferor and her successors in title on foot and for agricultural residential or horticultural purposes only over and along the land hatched black’

Not something we can advise you on. Whilst others may comment in this thread I’d suggest you start your own 5hread to improve chances of wider comment
Ultimately it’s legal advice you really need here though re the specifics involved

Land_Registry

OJ99 wrote: »

Title DT428615
Following an ADV1 application an agreement over a boundary dispute with our neighbours was reached. This settlement deed was submitted in May 2018. Unfortunately 15 months later and we're still waiting to hear back from Land Registry in regard to the settlement deed. This means that boundaries are unfenced and as we are preparing to move house we want to have the property looking it's best before going on the market. Please can you advise how we can speed up this process.
Thanks in adavnce

The title number quoted is not an active one as the application it relates to was cancelled back in March
I'd suggest contacting your solicitor to clarify/confirm and if they have made a later application ask them for the details and an update

Zeusted

I purchased my ex council house 8 years ago, obviously the council have a 10 year restriction stating you can't sell unless you get permission from the council, before I thought of selling, I gained permission from the council in writing stating I could sell. I sold my house very quickly and we were about to complete, but the buyers solicitors now want an rx3 form completed before they will complete. Can you tell me how long this would normally take, as I've moved out of property so at the moment I'm running two houses financially, which is very distressing.
Thank you

da_rule

Zeusted wrote: »

I purchased my ex council house 8 years ago, obviously the council have a 10 year restriction stating you can't sell unless you get permission from the council, before I thought of selling, I gained permission from the council in writing stating I could sell. I sold my house very quickly and we were about to complete, but the buyers solicitors now want an rx3 form completed before they will complete. Can you tell me how long this would normally take, as I've moved out of property so at the moment I'm running two houses financially, which is very distressing.
Thank you

You won’t get an RX3 in relation to a restriction under the Housing Act 1985. Under the Act, the restriction bunds successors in title for the full 10 years from purchase.

You have a certificate from the Council (which hopefully conforms with the requirements of The Housing (Right of First Refusal) (England) Regulations 2005) which will allow the purchaser to register the transfer. If they then sell within the next 2 years they will also have to approach the Council.

Jo1495

Hi,

I've recently gone through probate in respect of my late father, and have the letter of administration as he died intestate. I have 3 siblings and we are now looking to transfer my father's house into our names.

However, when my parents purchased the property (no mortgage), it was registered solely in my mother's name. Unfortunately, my mother passed away in 2011 - she left a will leaving everything to my father - and he continued to live in the marital home, although I am aware that he never transferred the property into his name.

As I've mentioned, my father passed away in June this year, and I am looking for some advice/guidance on how I go around having the deeds transferred into myself and my siblings names, when it will all still be in the name of my late mother?