Land Registry questions

Tom_Goodall

Copied this across from another thread to make it easier for Land Resistry to answer.

Hello.

I am currently remortgaging my property, and the law firm dealing with this on behalf of the bank has come across a restriction

Please find attached your title documents which show restriction b3

(02.01.2018) RESTRICTION: No disposition of the registered estate by the proprietor of the registered estate is to be registered without a certificate signed by a conveyancer that the conveyancer is satisfied that the person who executed the document submitted for registration as

disponor is the same person as the proprietor. )

The Law firm want to charge me £150 +VAT for a certificate to appease this restriction through the remortgage. This seems to be a standard fee for this type of service. They then want to charge a further £150 +VAT to apply to remove the restriction and are refusing to allow me to have a copy of the certificate they are producing.

This restriction has come into effect since we purchased the house two years ago. I was not aware this was going to be put on, so it has caught me completely off guard.

I have done some research on these forums, and I have been in touch with the law firm. They have advised they can fill out a RX3 form for me, for a the above mentioned fee, with no guarantee the restriction will be removed. I have had a look at the RX3 form myself and think I will just apply to have the restriction removed, but will it be as simple as just filling out the form or will it need to provide further evidence, such as the certificate the law firm is providing for the remortgage?

I don't understand why this restriction has been put on, why I wasn't informed it was going to be put on and I am most annoyed its going to cost a considerable amount of money every time I remortgage unless I can get it removed.

Any help would be appreciated. Particularly if land registry could help by advising what evidence they would like to see that the restriction is no longer required.

Thanks.

Land_Registry

Tom_Goodall wrote: »

Copied this across from another thread to make it easier for Land Resistry to answer.

Hello.

I am currently remortgaging my property, and the law firm dealing with this on behalf of the bank has come across a restriction

The Law firm want to charge me £150 +VAT for a certificate to appease this restriction through the remortgage. This seems to be a standard fee for this type of service. They then want to charge a further £150 +VAT to apply to remove the restriction and are refusing to allow me to have a copy of the certificate they are producing.

This restriction has come into effect since we purchased the house two years ago. I was not aware this was going to be put on, so it has caught me completely off guard.

I have done some research on these forums, and I have been in touch with the law firm. They have advised they can fill out a RX3 form for me, for a the above mentioned fee, with no guarantee the restriction will be removed. I have had a look at the RX3 form myself and think I will just apply to have the restriction removed, but will it be as simple as just filling out the form or will it need to provide further evidence, such as the certificate the law firm is providing for the remortgage?

I don't understand why this restriction has been put on, why I wasn't informed it was going to be put on and I am most annoyed its going to cost a considerable amount of money every time I remortgage unless I can get it removed.

Any help would be appreciated. Particularly if land registry could help by advising what evidence they would like to see that the restriction is no longer required.

Thanks.

The restriction is one normally used where the property title is seen as being especially vulnerable to property fraud. It will have been applied for by your conveyancer I suspect when they registered you as the owner. We would only add it if they/you applied for it.

Removal would be by form RX3 and you would need to submit a certificate by a conveyancer that you were one and the same as per the wording of the restriction.

Conveyancers will charge you a fee for their services and as they are confirming your identity then that may be quite expensive as it’s linked to cancelling this type of restriction. As it is linked to safeguards against fraud there is a risk to be covered against.

specialhat

Hello

How long is the current backlog on registering lease extensions with the Land Registry please? Mine was submitted around 12/9/19.

A long delay has the potential to lose the sale of my flat - can it be expedited in these circumstances?

Thank you.

Land_Registry

specialhat wrote: »

Hello

How long is the current backlog on registering lease extensions with the Land Registry please? Mine was submitted around 12/9/19.

A long delay has the potential to lose the sale of my flat - can it be expedited in these circumstances?

Thank you.

We have a backlog of this type of work so you are looking at several months between receipt and it being considered.
The lodging solicitor can ask us to consider expediting it by submitting documentary evidence of the confirmed purchase.
If it is expedited and can be processed then that normally happens within 10 working days.

Your solicitor should be aware of this process and requirement so what have they advised to date re receipt, delay and timescales?

specialhat

Land_Registry wrote: »

We have a backlog of this type of work so you are looking at several months between receipt and it being considered.
The lodging solicitor can ask us to consider expediting it by submitting documentary evidence of the confirmed purchase.
If it is expedited and can be processed then that normally happens within 10 working days.

Your solicitor should be aware of this process and requirement so what have they advised to date re receipt, delay and timescales?

Thanks so much.
My solicitor has advised me nothing of delays unfortunately. I will speak to her now.

E.E

Hi,

I am currently in the process of purchasing a house with everything in place. The owners have a restriction on the deeds regarding a service charge. Their solicitor has submitted all evidence to show a service charge is not applicable to this property. How long does it take for the Land Registry to remove this? This is the final piece of the jigsaw for us to exchange then complete and I am getting worried the longer things go on, my mortgage offer will expire.

Thanks in advance

Land_Registry

E.E wrote: »

Hi,

I am currently in the process of purchasing a house with everything in place. The owners have a restriction on the deeds regarding a service charge. Their solicitor has submitted all evidence to show a service charge is not applicable to this property. How long does it take for the Land Registry to remove this? This is the final piece of the jigsaw for us to exchange then complete and I am getting worried the longer things go on, my mortgage offer will expire.

Thanks in advance

Average timescale between receipt and consideration is 10 working days. Everything then hinges on whether it is in order and whether the update can be made without contacting third parties e.g. whoever has the benefit of the restriction

The solicitor can track progress online and keep you informed as to any extra delays for example such as it not being in order or wider checks as mentioned

Rainyday81

Thank you.

It appears that when our sellers bought the freehold last year, they should have merged the unregistered leasehold. Their conveyancer has confirmed that this wasn't done for some reason.

As we are in a chain, is it advisable now for the seller to arrange the merger and how long does this normally take?
We want to avoid long delays but at the same time want to avoid a possessory title.

Just1n71

We Staircased to 100% of our shared ownership home and acquired the freehold from the housing association. The house is on an estate and there is an estate charge of £1.24 per month to pay for the upkeep of communal areas. When we came to sell it we found out there was a clause in the deeds that meant no lender would lend on the property as it gave the housing association enforcement priority over any lender if the new purchaser would fall behind in paying the estate charge. They have refused to vary the deed so basically we now have a house that is going to be impossible to sell. How can that even be possible if the estate charge is only £1.24 per month and a mortgage would be 100s of pounds .Surely it wouldnt be unreasonable for a variation in the deed to be added. We were given a new title number for the freehold but there is also the old title number for when it was a shared ownership house still on the transfer we signed. Should our solicitor of mentioned that this was going to be a problem to us when we bought the house from the housing association as our house sale fell through because of it.

Parkel

Hi, we are currently part exchanging our house and have a strict timescale from the builder. Having just purchased our title deeds there is a restriction there from 2011 for a dmp we entered (stopped it 2012 and entered iva which is now settled) the company which added the restriction is no longer operating and all I have is an email address to send old queries to which may take longer than we have! Can my conveyancer help with getting this removed? What are the timescales please?