Land Registry questions

breakit

Afternoon,


We are purchasing a property and asked that the sellers purchase their freehold before we proceed. They agreed to this and have paid the money to the land owner etc. We are now proceeding towards completing the sale and there is a difference of opinion between solicitors about how to proceed.


It appears that whilst the freehold has been bought, the requisition has not been registered with Land Registry by the sellers solicitors. The sellers solicitors intended that our solicitor would register this at the same time as completing the sale.


Our solicitor is not willing to take on this risk (as they have not been involved in the Freehold purchase) and wants the vendors solicitors to complete the freehold registration first - for this to then be transferred to us as a part of the sale.


This seems like the correct process but will add time to the purchase which may impact the chain. How long could this be? Can it be expedited as there is a related sale pending? What would be the risks involved in proceeded with the purchase with the freehold not having been registered already in the sellers name?

Land_Registry

Nichola112 wrote: »

Thankyou. Hopefully the case worker can update us more tomorrow once they’ve looked at it. Thankyou for your responses.
Kind regards
Nichola

NT548876 - the next stage has now been commenced, namely the wider checks including the 65 Day Notices

Land_Registry

breakit wrote: »

Afternoon,

We are purchasing a property and asked that the sellers purchase their freehold before we proceed. They agreed to this and have paid the money to the land owner etc. We are now proceeding towards completing the sale and there is a difference of opinion between solicitors about how to proceed.

It appears that whilst the freehold has been bought, the requisition has not been registered with Land Registry by the sellers solicitors. The sellers solicitors intended that our solicitor would register this at the same time as completing the sale.

Our solicitor is not willing to take on this risk (as they have not been involved in the Freehold purchase) and wants the vendors solicitors to complete the freehold registration first - for this to then be transferred to us as a part of the sale.

This seems like the correct process but will add time to the purchase which may impact the chain. How long could this be? Can it be expedited as there is a related sale pending? What would be the risks involved in proceeded with the purchase with the freehold not having been registered already in the sellers name?

If they have bought part of a larger freehold then several months. If the freehold is a single title then a matter of 2/3 weeks if all is in order

Applications can be expedited in specific circumstances. The lodging solicitor would have to request same and supply documentary evidence of the confirmed onward sale/linked transaction

Risks? - you must rely on your legal advice re what risks are involved

clarecooper90

Good afternoon Land Registry,
Is there an update with ST277197?
My solicitor and myself are struggling to get anything from the solicitor that was contacted (Ashfords).
Last week LR asked for additional information, was that received etc?
Apologies, I should of completed on the 5th July so a little stressed with it all now :-(

Land_Registry

clarecooper90 wrote: »

Good afternoon Land Registry,
Is there an update with ST277197?
My solicitor and myself are struggling to get anything from the solicitor that was contacted (Ashfords).
Last week LR asked for additional information, was that received etc?
Apologies, I should of completed on the 5th July so a little stressed with it all now :-(

We are still waiting for a reply

critical_path

Hello Land Registry


We have recently received planning permission to build a detached house in the garden of our current home. The intention is to split our current garden so the new house is totally separate from our existing Freehold property. Upon completion we sell the old house on smaller plot and move into the new build.


We have to remortgage our current house to raise the funds for the new build. I understand reading this forum we should complete the AP 1 form to split the title. Would the Land Registry Split the title ahead of remortgaging or is it best done whilst our solicitor is processing the remortgage applications?

Land_Registry

critical_path wrote: »

Hello Land Registry

We have recently received planning permission to build a detached house in the garden of our current home. The intention is to split our current garden so the new house is totally separate from our existing Freehold property. Upon completion we sell the old house on smaller plot and move into the new build.

We have to remortgage our current house to raise the funds for the new build. I understand reading this forum we should complete the AP 1 form to split the title. Would the Land Registry Split the title ahead of remortgaging or is it best done whilst our solicitor is processing the remortgage applications?

Lenders tend to refuse to mortgage part until it is split. As such I would ask them (or get your solicitor to do so) to confirm what they require first.

If they say they won;t lend until split then you should submit a copy of that response along with the AP1 and a suitable plan to define the split.

Without that 'refusal' confirmation in writing we won't consider splitting the title

critical_path

Thank you Land registry for the prompt response, is the drawing we submit at the 1:1250 scale or will you require a more detailed dimension plan on A1 paper which we also have?


Many Thanks


CP.

Land_Registry

critical_path wrote: »

Thank you Land registry for the prompt response, is the drawing we submit at the 1:1250 scale or will you require a more detailed dimension plan on A1 paper which we also have?

Section 5 of our Practice Guide explains what type of plan we require. It would be the same as if you were transferring the part for example

Maddi007

Hi land registry ,

I hope you can help . I had a restriction on my jointly owned property which has been paid off (about 6 weeks ago) I was told the restriction would be removed but I’ve heard nothing since (hoping to sell house so need it removing really )

Would I receive a letter from yourselves when the restriction is removed as I did receive one when the restriction was put on ? How long does it normally Take to remove a restriction ?

Thank you in advance