Land Registry questions

System

I have my own path.. the neighbour has theirs too but our gardens look like one as there is no fence in between. After looking at my boundary.. the red line is in the middle of next doors path.
I use this to take my bins out from round the back of my house. If the red line is in the middle if their path, does it mean the path is shared or that I just have a right of access?

Land_Registry

Rainyday81 wrote: »

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.

If the lease is noted only then 2/3 weeks if all in order. If it’s all in order then it’s up to you/your conveyancer to decide whether to buy first or ask the seller to sort it. Most in my experience want a clean title though but check.
I can’t see how possessory title would come into it

Land_Registry

Just1n71 wrote: »

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.

Quite possibly but something to raise with them and to clarify the exact impact now on future lending.

Land_Registry

Parkel wrote: »

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?

Yes, speak to your conveyancer. Much may depend on what supporting evidence you have re the interest having ended. If you apply to cancel it then you are looking at 5/6 weeks on average depending on everything being in order. Longer if not

Land_Registry

Clarkey90 wrote: »

I have my own path.. the neighbour has theirs too but our gardens look like one as there is no fence in between. After looking at my boundary.. the red line is in the middle of next doors path.
I use this to take my bins out from round the back of my house. If the red line is in the middle if their path, does it mean the path is shared or that I just have a right of access?

It means the registered general boundary splits the path. If there were any registered rights then they’d be referred to either or both titles

Burnedout77

Hi all, and thanx in advance for your help

So I had a charge against my home by my previous business partner. I managed to get a court order for its removal. Hunky dorey. I submitted it to land registry, but the other party is appealing it. It’s been almost 3 months since I submitted it, and land registry will tell me almost nothing. I knew there was a date for an appeal to be made by. This came and went, but a day later, they allowed his appeal. Now they won’t tell me the base of his appeal, or if it has any grounds or traction against my application

I’m freaking out here a little bit. Is my court order worthless? Should I go back to the court?

I’m lost

Any help gratefully accepted

Land_Registry

Burnedout77 wrote: »

Hi all, and thanx in advance for your help

So I had a charge against my home by my previous business partner. I managed to get a court order for its removal. Hunky dorey. I submitted it to land registry, but the other party is appealing it. It’s been almost 3 months since I submitted it, and land registry will tell me almost nothing. I knew there was a date for an appeal to be made by. This came and went, but a day later, they allowed his appeal. Now they won’t tell me the base of his appeal, or if it has any grounds or traction against my application

I’m freaking out here a little bit. Is my court order worthless? Should I go back to the court?

I’m lost

Any help gratefully accepted

So we haven’t told you anything other than he’s objected and it’s gone to appeal?
If so what were you advised in writing re the objection/appeal? And what’s the title number?

If you are looking for wider advice re the legal/court process then I’d suggest posting your own thread on the forum

shared_confusion

Hi Land Registry,

I am in the process of buying 50% of a shared ownership house with a housing charity .
The house is not a new build and the current 50% owners have been in the property since 1975.
The lease between the current 50% owners and the housing charity is now at 55 years and it has been agreed for a surrender and re grant of the existing lease to take place with the new term set to 99 years.

I have however accessed the land registry documents and the freehold is not owned by the charity and a ground rent charge is payable each year of £18.00 to others. The lease terms of this are at the same 55 years remaining.
My question is will this be extended at the same time ? or if this requires extending who is responsible for the cost in extending the lease with the freeholder.

From information online, as i would not own 100% of the property i would be unable to extend the lease with the freeholder ?

Thank you in advance.

Land_Registry

shared_confusion wrote: »

Hi Land Registry,

I am in the process of buying 50% of a shared ownership house with a housing charity .
The house is not a new build and the current 50% owners have been in the property since 1975.
The lease between the current 50% owners and the housing charity is now at 55 years and it has been agreed for a surrender and re grant of the existing lease to take place with the new term set to 99 years.

I have however accessed the land registry documents and the freehold is not owned by the charity and a ground rent charge is payable each year of £18.00 to others. The lease terms of this are at the same 55 years remaining.
My question is will this be extended at the same time ? or if this requires extending who is responsible for the cost in extending the lease with the freeholder.

From information online, as i would not own 100% of the property i would be unable to extend the lease with the freeholder ?

Thank you in advance.

You'd need to look at the terms of how the ground rent charge was created and imposed to see what happens/needs to happen next. We can't advise you on that or whether you can extend the lease in the circumstances you mention - although you'd need the superior title holder to be involved in any extension of the term so if they are not involved that's a clear and significant issue.

We register the outcomes so it's very much legal advice you need here from the conveyancer acting for you

Burnedout77

Only that he’s objected. Nothing else. Not what the objection is, what it’s based on nothing. Any “facts” he may have would have been washed away by the court order surely? Can I give you the title number in a private message?