Land Registry questions

Land_Registry

Burnedout77 wrote: »

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?

If we informed you that he had objected then we must have explained next steps?
If we didn’t then respond to the communication re the objection to enquire

JennyP

Very baffled by something. We're talking to our solicitor but not really understanding how to move forward.

My grandad was a farmer. Built two farmworkers' cottage on the corner of his farm. He gave one to my mum in the eighties but it had a tenant. Now the tenant has passed, mum wants to sell it. We have a buyer but they asked for it to be registered first which we did.

The registration and plans came back with a small strip of the garden (needed for a cess) missing. We have no idea why.

The family sold the surrounding land years ago.

This small strip of land is unregistered apparently. It's been part of the garden of this property since my grandad built it in the fifties. We don't understand why it's not just part of the property. No-one else could own it as grandad owned the field he built on so it's a mystery.

Not quite sure how to go forward and we're worried about losing our buyers.

Land_Registry

JennyP wrote: »

Very baffled by something. We're talking to our solicitor but not really understanding how to move forward.

My grandad was a farmer. Built two farmworkers' cottage on the corner of his farm. He gave one to my mum in the eighties but it had a tenant. Now the tenant has passed, mum wants to sell it. We have a buyer but they asked for it to be registered first which we did.

The registration and plans came back with a small strip of the garden (needed for a cess) missing. We have no idea why.

The family sold the surrounding land years ago.

This small strip of land is unregistered apparently. It's been part of the garden of this property since my grandad built it in the fifties. We don't understand why it's not just part of the property. No-one else could own it as grandad owned the field he built on so it's a mystery.

Not quite sure how to go forward and we're worried about losing our buyers.

Simple answer is that the deeds submitted did not show that it was included. So no documentary title was shown for it.
If it has been 'owned' for a long period of time then you would consider claiming ownership of it - see Practice Guide 5 for guidance as to what is required from a registration perspective.

Ownership/Title has to be proven so paper deeds when unregistered. The fact that nobody else could own it sadly is not sufficient in the eyes of the law and it is the legal requirements you need to satisfy before any claim might be registered.

Your solicitor should be aware of what is required and what is now needed to show that whilst you don;t have paper title to it you have a legal claim as to ownership.

You'll also need to talk to them about how far this impacts on any sale/purchase. Whether it is a deal breaker for the buyer will depend on what you can prove for any claim and what impact the land has on the property as a whole. You must rely on your solicitor here

av41332

Hello,

Looking for some guidance on a Land Registry issue which has cropped up in our house purchase, as we are finding our solicitor's advice confusing.

The house has a large rear garden, all walled in. We noticed that part of the garden is a separate unregistered plot and is therefore not shown on the deeds. The sellers who have lived there for ~17 yrs were not aware of this but have never had any issues as it is clearly part of their garden. The deeds which are in their name also mention a covenant protecting the wall at the rear of the garden which borders the unregistered plot. For some reason, possibly administrative error, the additional plot was never registered when the previous owners purchased the additional land.

The sellers are keen to remedy this for us before exchange but our question is what options do they have/what can we ask them to do? is it possible for Land Registry to correct this if the sellers can show that the plot forms part of their garden and has done all the time they have lived there?

Or will they have to apply for adverse possession/possessory title? If so, how does this work? Would that mean we would have to wait 10/12(?) years until the plot was confirmed as ours and protected from any challenge?

Thanks in advance, any help greatly appreciated.

Stirfry

Hi,

I am in the process of buying an apartment. It is one of 12, converted from a former Hotel. The Land Registry charges register shows restrictive covenants dating back to 1934. My Solicitor has since found out the restrictions include no Hotels to be built or sale of Wine and Beer. There has clearly been a breach in the past (Hotel converted to Flats 16 years ago).

My Solicitor has requested further information from the Management Company and this is not forthcoming. Where do we go from here, any suggestions?

Land_Registry

av41332 wrote: »

Hello,

Looking for some guidance on a Land Registry issue which has cropped up in our house purchase, as we are finding our solicitor's advice confusing.

The house has a large rear garden, all walled in. We noticed that part of the garden is a separate unregistered plot and is therefore not shown on the deeds. The sellers who have lived there for ~17 yrs were not aware of this but have never had any issues as it is clearly part of their garden. The deeds which are in their name also mention a covenant protecting the wall at the rear of the garden which borders the unregistered plot. For some reason, possibly administrative error, the additional plot was never registered when the previous owners purchased the additional land.

The sellers are keen to remedy this for us before exchange but our question is what options do they have/what can we ask them to do? is it possible for Land Registry to correct this if the sellers can show that the plot forms part of their garden and has done all the time they have lived there?

Or will they have to apply for adverse possession/possessory title? If so, how does this work? Would that mean we would have to wait 10/12(?) years until the plot was confirmed as ours and protected from any challenge?

Thanks in advance, any help greatly appreciated.

It reads as if you have a good understanding of what is likely re having to apply to register the land by way of their claim.
Our Practice Guide 5 explains how such applications are made but you need to rely on your conveyancer here to explain the legal aspects for you and how that impacts on your purchase for example

Land_Registry

Stirfry wrote: »

Hi,

I am in the process of buying an apartment. It is one of 12, converted from a former Hotel. The Land Registry charges register shows restrictive covenants dating back to 1934. My Solicitor has since found out the restrictions include no Hotels to be built or sale of Wine and Beer. There has clearly been a breach in the past (Hotel converted to Flats 16 years ago).

My Solicitor has requested further information from the Management Company and this is not forthcoming. Where do we go from here, any suggestions?

You need to rely on your conveyancer here for advice as to whether it impacts and if so how. If they/you are of the view that there has been a breach and in some way then you need to understand how the law would view that.

We register the covenant. We don't enforce it or offer legal advice on it's impact

Stirfry

How can the covenant be removed?

av41332

Land_Registry wrote: »

It reads as if you have a good understanding of what is likely re having to apply to register the land by way of their claim.
Our URL=government/publications/adverse-possession-of-1-unregistered-land-and-2-registered-land"]Practice Guide 5[/URL] explains how such applications are made but you need to rely on your conveyancer here to explain the legal aspects for you and how that impacts on your purchase for example

Thank you.

What I'm still unclear on is whether in cases like this where it is evident that the unregistered plot is part of the garden and the owners can prove ownership for 12 years, can LR consider granting absolute title 'retrospectively' as it were to rectify the original mistake? Or is the only option to apply for possessionary and wait to upgrade in 12 years?

System

Hi.. What does right of way in common mean when it comes to a path? Does it mean we both own it? Thank you