Land Registry questions

Land_Registry

NeverTooLate wrote: »

Apologies if this has been answered before, I searched and couldn't find it.

I want to do a voluntary registration of a property for a family member. The property was purchased in 1960 and has no mortgage on it and we have the deeds.

Is this something I can do myself, or do I need a solicitor to do it for me?

You can do it yourself but we would always recommend using a conveyancer as they are familiar with the forms, process and original deeds/documents and what is required

NeverTooLate

Land_Registry wrote: »

You can do it yourself but we would always recommend using a conveyancer as they are familiar with the forms, process and original deeds/documents and what is required

Can a person who has financial POA for the owner do this?

Land_Registry

NeverTooLate wrote: »

Can a person who has financial POA for the owner do this?

You'd need to look at the terms of the power to confirm what you can or cannot do. In some cases it can allow you to deal with the property and financial affairs but that depends on what was completed/ticked at the time

Anyone can submit an application but the key I assume is whether the attorney can act for the donor as the seller/Transferor

Scooby74

Land_Registry wrote: »

The application was submitted at the end of May. We have a backlog of this type of work and I would not expect it to be considered for some weeks yet.
However in cases of 'urgency' we can consider expediting the process if the lodging solicitor asks us to do so and provides documentary evidence to demonstrate the urgency. If you have a confirmed buyer then they should have a document to confirm that which they can submit with their request.
In the circumstances I would suggest contacting your solicitor and asking them to submit the request and evidence asap
If we can expedite it then this will usually mean that it is considered within 10 working days and if all in order registered

Thank you for your help. I am going to speak to my solicitors today.

m0nar0

Hello all,

I have an issue that has been ongoing for the past 3 1/2 years which I would like some thoughts on.

In March 2016, the Freeholder (FH) of our Leasehold flat wanted to move our allocated parking space (which is shown in our Land Registry (LR) plan) to an alternate area, whilst still within the confines of the buildings car park. We were contacted by our Conveyancing Agent (CA) (we exchanged in Oct 2015) with the request, including a plan of the new parking arrangement for us to sign and return - which of course we did. At this point, our CA should have passed this back to the FH's solicitors for the Land Registry to be updated to reflect the change.

Long story short, this never happened despite constant chasing.

Since then, our FH(the development company who built the flats) has now dissolved and is attempting to sell the Freehold of the building. I was finally contacted directly by the FH's solicitor regarding this issue last week. He has offered to launch the deed of variation, however there is added uncertainty over the Managing Agent (MA), therefore has asked whether we would be "content with in a variation without reference to the management company?". He then stated that the Land Registry may add a note to the entry stating that the MA's consent was not given for this variation.

My question is, what is the likelihood of LR adding a note stating this and, is this likely to cause issues when we come to sell our flat?

With regards to the MA, the original MA (as listed on our Lease) has assigned their interest onto an alternate MA, however the FH's solicitor is unable to locate a deed confirming this.

I'm aware this is not solely a LR issue, but my question is regarding the LR entry.

Many thanks in advance!
m0n4r0

Mswinkle

So your Mum occupies more land/property than was transferred at the time
If so you have two options it seems. The first being to ask the Council to sort it out or to look at your own claim as to ownership of the extra land/property/

A key point to consider here is that they/you are not going to be able to rectify the Transfer itself as that has been registered. If they agree that it was wrong then it seems likely that they would have to transfer the extra now.

If you go down the route of claiming the extra then your Mother will have to provide a statutory declaration or statement of truth to support such a claim. The Council would then be asked to consent or object as appropriate.

Either way I would strongly recommend speaking to a solicitor as to what your options are and the best one to follow. That may be based on cost but should also be based on time, energy, stress and crucially the legal position.






Hmm that is interesting. We have to do it because they forgot to include part of the roof and they have it listed as a flat on their title.


The council has told our solicitor they will send a surveyor over to measure and then do a deed of rectification which will cost us €750.

I think you are saying they can’t do a deed of rectification is that correct?

Land_Registry

m0nar0 wrote: »

My question is, what is the likelihood of LR adding a note stating this and, is this likely to cause issues when we come to sell our flat?

If the consent of the registered chargee does not accompany the application to update the register then we will add a Note to that effect
Whether that is an issue when you come to sell would be a Q for your buyer or a conveyancer

Rainyday81

We were almost ready to exchange contracts on a 1960s house that had been occupied by the same owner. They have since died and the property is being sold by their executors (son & daughter).

We've since received the following from our conveyancer.

"I'd like to advise that the freehold interest was bought by late wife in 2018. They also refer to a lease dated 1964 to late husband, who assume died before wife. I have checked the land registry and it appears that the leasehold interest has not been registered. This means that the property is subject to an unregistered leasehold title. I have requested that the sellers solicitor provide me with the unregistered leasehold title and let me have an amended contract with the leasehold interest"

It goes on to state that upon completion the leasehold and freehold will be transferred into our name.

The solicitor provided the boundaries with the freehold interests - which is correct to our knowledge

I asked worse case scenario which was we would need to register for possessory title with indemnity.

My question is if the owners bought the freehold, then wouldn't this override the unregistered leasehold? If anyone makes a claim to land/property, can I not then prove it is ours with the freehold?
Or is the freehold title basically worthless?
Why would we need to register the leasehold if the property is already registered as a freehold?

Land_Registry

Rainyday81 wrote: »

We were almost ready to exchange contracts on a 1960s house that had been occupied by the same owner. They have since died and the property is being sold by their executors (son & daughter).

We've since received the following from our conveyancer.

"I'd like to advise that the freehold interest was bought by late wife in 2018. They also refer to a lease dated 1964 to late husband, who assume died before wife. I have checked the land registry and it appears that the leasehold interest has not been registered. This means that the property is subject to an unregistered leasehold title. I have requested that the sellers solicitor provide me with the unregistered leasehold title and let me have an amended contract with the leasehold interest"

It goes on to state that upon completion the leasehold and freehold will be transferred into our name.

The solicitor provided the boundaries with the freehold interests - which is correct to our knowledge

I asked worse case scenario which was we would need to register for possessory title with indemnity.

My question is if the owners bought the freehold, then wouldn't this override the unregistered leasehold? If anyone makes a claim to land/property, can I not then prove it is ours with the freehold?
Or is the freehold title basically worthless?
Why would we need to register the leasehold if the property is already registered as a freehold?

You must rely on your legal advice here

Leasehold interests are not overridden - they can be determined and this may be what your solicitor is referring to

I'm not too sure what someone would be claiming unless they are suggesting the husband's lease was acquired by someone else - but that is why your solicitor has asked them to clarify

The key issue is what has happened to that lease - if it has been determined then those details would form part of any application and presumably the freehold would be registered accordingly without reference to a then determined lease

ggpowell2

How long will it take to receive a document when you send a paper application to request a document, such as a deed, mentioned in a title deed referring to a property, please?