Land Registry questions

clarecooper90

Good afternoon, could you please let me know if you’ve had any response from the solicitor with reference to ST277197.
Many thanks

Land_Registry

Maddi007 wrote: »

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

If you made the application to remove it then you would be notified once it had been done
Only the restrictioner would be notified of the application to cancel it
The application is normally considered within 2 weeks of it being submitted. But if wider checks are needed they can add an extra 3 weeks to that timescale
The solicitor can check on progress

Land_Registry

clarecooper90 wrote: »

Good afternoon, could you please let me know if you’ve had any response from the solicitor with reference to ST277197.
Many thanks

The application submitted in early August was cancelled on the 19th Sept. Your conveyancer will be aware and I would recommend contacting them to confirm

Mswinkle

Hi Land Registry

My parents bought their home from local authority right to buy in 1985. The property was owned by the authority and had been subdivided into two and rented to my parents and a separate family next door. The authority never registered separate title deeds but instead had one deed for the whole property. When my parents brought their property the authority issued a change certificate clearly showing what they bought and it was freehold.

However when changes were made to the land registry to reflect this mistakes were made. for example the deeds use various color codes but the sketch does not. the title spun off to my parents does not match the title still held by the authority.

My mother is 90 and had an offer, which she accepted to sell the house. She had also placed an offer for a house, and it was accepted, for a house she has lived in for several years. She has a strong community there and the house was more suitable for her needs.

It now seems likely we will lose the sale, because of the mess with the title. Due to her age the house is no longer suitable for her needs, and moreover losing the ability to buy the other house and the community she has built there is causing huge distress.

Is this is a situation that is covered by the land register indemnity fund? Do you have any advise on what we can do to speed matters up and rectify this? should we lose the sale do we have a claim.

Thank you

Land_Registry

Mswinkle wrote: »

Hi Land Registry

My parents bought their home from local authority right to buy in 1985. The property was owned by the authority and had been subdivided into two and rented to my parents and a separate family next door. The authority never registered separate title deeds but instead had one deed for the whole property. When my parents brought their property the authority issued a change certificate clearly showing what they bought and it was freehold.

However when changes were made to the land registry to reflect this mistakes were made. for example the deeds use various color codes but the sketch does not. the title spun off to my parents does not match the title still held by the authority.

My mother is 90 and had an offer, which she accepted to sell the house. She had also placed an offer for a house, and it was accepted, for a house she has lived in for several years. She has a strong community there and the house was more suitable for her needs.

It now seems likely we will lose the sale, because of the mess with the title. Due to her age the house is no longer suitable for her needs, and moreover losing the ability to buy the other house and the community she has built there is causing huge distress.

Is this is a situation that is covered by the land register indemnity fund? Do you have any advise on what we can do to speed matters up and rectify this? should we lose the sale do we have a claim.

Thank you

I'm sorry to read of the difficulties you/your Mother are facing and have faced to date

Our indemnity covers mistakes made by us and the burden of proof rests with you to demonstrate what mistake(s) were made and whether it was indeed us or someone else who made them. Our Practice Guide explains this in far more detail and I would strongly recommend discussing this with your conveyancer also.

As far as speeding things up is concerned it very much depends on what has been applied for to correct the mistakes you refer to. And without any specific details it's impossible to offer anything but general advice - what does the conveyancer advise?

If you lose the sale then that would also form part of the blame/indemnity consideration but one for your conveyancer to advise you on as it is specific to the buyer pulling out.

More than happy to take a look at what we have on record currently if you provide the title number. I may not be able to add anything to what your conveyancer has already advised or what the PG explains. But it may give you some idea of what lies ahead

Puflet

I'm in the process of selling my house; I own the freehold of the house and garden, and also a patch of land over the other side of next door.

On the patch of land is a pumping station which was installed by myself and my neighbours in 2008 to service the properties in our terrace - we formed a management company at the time, and subsequently dissolved it when Severn Trent took over private sewers and pumping stations in 2016.

However, I'd forgotten that there was a lease agreement with the former management company. It's forfeit, due to the company being dissolved but obviously still appears on the Land Registry title.

My purchaser's lender's solicitors are insisting that Severn Trent buy the freehold to provide 'a clean freehold'.

Severn Trent are now in the process of doing so; their solicitors have been instructed, and I believe a TP1 has been sent to them by my own solicitor.

My question to you is - do you have any idea, roughly, how long it would take the Land Registry to deal with this kind of transaction?

My hapless purchaser has had her mortgage offer since mid-June and has been very patient!

Many thanks in advance!

Land_Registry

Puflet wrote: »

Severn Trent are now in the process of doing so; their solicitors have been instructed, and I believe a TP1 has been sent to them by my own solicitor.

My question to you is - do you have any idea, roughly, how long it would take the Land Registry to deal with this kind of transaction?

We have a backlog of this type of work currently and as things stand it would be several months wait before it was considered.

In urgent cases, for example where a linked sale is involved or a mortgage offer is due to expire we can consider a request to expedite an application.

Once the Transfer application has been submitted the lodging conveyancer should contact us to ask us to consider expediting their application.

They will also need to include documentary evidence to confirm the linked transaction/expiring mortgage offer.

If we can expedite it we will and this reduces the wait time to around 2 weeks. Everything then hinges on it being in order and capable of being registered of course.

The conveyancer(s) involved should be aware of the process and our requirements

Puflet

Thank you thank you thank you!

As you will see from my post, there is a linked sale and the representative from Severn Trent is well aware of that (as is my own solicitor), so hopefully that should speed things up a bit.

G_M

Dmking0 wrote: »

Hi


I own a property with some excess land on the side that is not being used but is classed as the garden. If I were to get some planning permission, split the deeds and sell the plot would I have to pay capital gains tax as this is classed as my existing property and has not been additionally purchased.

I did read the following statement on gov.uk but wanted some clarity of possible:
Garden or grounds

"You’re entitled to relief if you dispose of land that you occupy as your garden or grounds, up to the permitted area, at the time of your disposal."

I suggest you repost in your own thread. This one is for LR queries, not tax.

Mswinkle

thank you for getting back to me. With my mother’s age and the fact she will lose a more suitable home where she has a strong community, this is very distressing.

The council although they had subdivided the house never changed the title to reflect that. The council title is SGL221852. When my mother bought her property it was freehold, I think fee absolute and the council sent a change certificate reflecting that. However, on the SGL221852 my mother’s property is referred to as a flat, which it isn’t, and the council title looks like they still own the entire property.

My mum’s title was spun off into SGL434632. I have no reason why it was described in this way. for example the area tinted blue describes the totally of the house so there was no reason for it to be colored.

my understanding under Land Registration Act is that The Chief Land Registrar shall, for the purpose of the registration of title, accept such a certificate as sufficient evidence of the facts stated in it; but if as a result he has to meet a claim against him under the [F2Land Registration Act 2002] the landlord is liable to indemnify him. In this case the council was the landlord and mistakes were made in creation of the new title and in amending the SGL221852.

My mum’s solicitor seems to think it will take months and several thousand pounds to resolve this. Which, on so many levels is a nightmare and not something a 90 year old so be dealing with at this point in her life

Thank you so much for your help