Land Registry questions

Land_Registry

ggpowell2 wrote: »

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?

48hrs in most cases plus the postal time of course

taxigeoff

Hi Land Registry
I am in the process of sorting out my son's estate and have noticed there is a restriction for an interim charging
order on the house deeds in my son's name. The house is owned as tennants in common with another person with no mortgage but was Joint tennants at the time of restriction. This restriction was placed in 2008 by Northern Rock. Can this be removed as Northern Rock no longer exists and is there a time limit on Restrictions/Charging orders

Wyzykmar22

Sorry I'm new here and I don't know how to creat my new post. I have staircase to 100% and bought my house from housing associations
My property is a coach house which was bought ad freehold house by housing associations in the first place
Some house housing associations have changed the title from house to a flat and sol us the property as flat. I'm the title in land registry we have an information that we ate leasholdwith the option to obtain freehold.
My understanding was that we are leashold only because we had bought and first 45% and once we will staircase to 100% we will get freehold as any other house in the estate. HA have refuse to give as freehold they said the tite in land registry it's a mistake and they will remove the note from there. We have confirmation from the estate that the house was sold as house and once we stsriaces to 100% we should automatically get freehold as other owners.

My question now : how the housing associations can change the total from house to a flat ?
My property is an coach house I do not have anyone one under or above me we do have independent entrance to my house so we are not living in the flat.
I have only find our that my house should be sold with the freehold once I have called the estate asking for my service charge and the were supposed that we have leasehold as the house was sold as freehold on the first place

Wyzykmar22

Sorry I'm new here and I don't know how to creat my new post. I have staircase to 100% and bought my house from housing associations
My property is a coach house which was bought ad freehold house by housing associations in the first place
Some house housing associations have changed the title from house to a flat and sol us the property as flat. I'm the title in land registry we have an information that we ate leasholdwith the option to obtain freehold.
My understanding was that we are leashold only because we had bought and first 45% and once we will staircase to 100% we will get freehold as any other house in the estate. HA have refuse to give as freehold they said the tite in land registry it's a mistake and they will remove the note from there. We have confirmation from the estate that the house was sold as house and once we stsriaces to 100% we should automatically get freehold as other owners.

My question now : how the housing associations can change the total from house to a flat ?
My property is an coach house I do not have anyone one under or above me we do have independent entrance to my house so we are not living in the flat.
I have only find our that my house should be sold with the freehold once I have called the estate asking for my service charge and the were supposed that we have leasehold as the house was sold as freehold on the first place

Land_Registry

taxigeoff wrote: »

Hi Land Registry
I am in the process of sorting out my son's estate and have noticed there is a restriction for an interim charging
order on the house deeds in my son's name. The house is owned as tennants in common with another person with no mortgage but was Joint tennants at the time of restriction. This restriction was placed in 2008 by Northern Rock. Can this be removed as Northern Rock no longer exists and is there a time limit on Restrictions/Charging orders

I'm guessing that the CO has been protected by way of a form K restriction as the property is jointly owned.
If so then you would have to apply to cancel it using form RX3 and supplying suitable evidence to show that the CO/debt is no longer in place. Our Practice Guide 19 explains more with regards restrictions and how to apply to cancel them

Land_Registry

Wyzykmar22 wrote: »

Sorry I'm new here and I don't know how to creat my new post. I have staircase to 100% and bought my house from housing associations
My property is a coach house which was bought ad freehold house by housing associations in the first place
Some house housing associations have changed the title from house to a flat and sol us the property as flat. I'm the title in land registry we have an information that we ate leasholdwith the option to obtain freehold.
My understanding was that we are leashold only because we had bought and first 45% and once we will staircase to 100% we will get freehold as any other house in the estate. HA have refuse to give as freehold they said the tite in land registry it's a mistake and they will remove the note from there. We have confirmation from the estate that the house was sold as house and once we stsriaces to 100% we should automatically get freehold as other owners.

My question now : how the housing associations can change the total from house to a flat ?
My property is an coach house I do not have anyone one under or above me we do have independent entrance to my house so we are not living in the flat.
I have only find our that my house should be sold with the freehold once I have called the estate asking for my service charge and the were supposed that we have leasehold as the house was sold as freehold on the first place

The devil will always be in the detail so you would need to confirm what application, if any, the HA are looking to make with regards updating/changing the registered title.
I would suggest that you check what is registered and then seek legal advice as appropriate. The register will confirm what type of title you own for example

taxigeoff

Land_Registry wrote: »

I'm guessing that the CO has been protected by way of a form K restriction as the property is jointly owned.
If so then you would have to apply to cancel it using form RX3 and supplying to show that the CO/debt is no longer in place. Our Practice Guide 19 explains more with regards restrictions and how to apply to cancel them

Thank you for your reply.
I have just noticed that the restriction is for an interim charging
order and not a final. Does this make any differance? This is the full restriction.

(26.06.2008) RESTRICTION: No disposition of the registered estate is to
be registered without a certificate signed by the applicant for
registration or his conveyancer that written notice of the disposition
was given to Northern Rock Plc (Ref: xxxxxxxx) care of
xxxxxxxxxxxx (REF:
xxxxxxxxx) being the person with the benefit of an interim charging
order on the beneficial interest of xxxxxxxxxxxxx made by the
xxxxxxx County Court on 9 June 2008 under claim number xxxxx.

Can you also advise what is suitable evidence for RX3.

Land_Registry

taxigeoff wrote: »

Thank you for your reply.
I have just noticed that the restriction is for an interim charging
order and not a final. Does this make any differance? This is the full restriction.

(26.06.2008) RESTRICTION: No disposition of the registered estate is to
be registered without a certificate signed by the applicant for
registration or his conveyancer that written notice of the disposition
was given to Northern Rock Plc (Ref: xxxxxxxx) care of
xxxxxxxxxxxx (REF:
xxxxxxxxx) being the person with the benefit of an interim charging
order on the beneficial interest of xxxxxxxxxxxxx made by the
xxxxxxx County Court on 9 June 2008 under claim number xxxxx.

Can you also advise what is suitable evidence for RX3.

Interim or Final it is the same debt so it makes no difference from a registration perspective
Whatever evidence you have that the debt has been cleared, the order dismissed or that the interest is no longer legally valid

taxigeoff

Land_Registry wrote: »

Interim or Final it is the same debt so it makes no difference from a registration perspective
Whatever evidence you have that the debt has been cleared, the order dismissed or that the interest is no longer legally valid

I have read that resrictions are removed by the land registry after 12 years, is this true or false

Land_Registry

taxigeoff wrote: »

I have read that resrictions are removed by the land registry after 12 years, is this true or false

False - whilst some (not this type) may refer to a length of time even they are not simply removed after that time has elapsed without wider checks taking place.