Land Registry questions

Land_Registry

Stirfry wrote: »

How can the covenant be removed?

You either get the owner(s) of the benefiting land to agree to its removal or you apply to the Upper Tribunal (Lands Chamber)

Land_Registry

av41332 wrote: »

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?

See section 5.4 of the PG 5 which explains how we might grant Absolute title

Land_Registry

Clarkey90 wrote: »

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

I doubt it but you can’t be definitive without the exact and specific details. A ‘right of way in common’ is a term generally followed by more words e.g ‘...in common with.....’ so used to make it clear that the same right is shared with someone else

throughthickandthin

Hi,

We are sending off a determined boundary agreement with neighbour approval, including surveyors drawn up plans. Do you know roughly how long it would take the land registry to update the title plan providing all documentation is available?

Thanks,

Bad_Accountant

Years ago My partner was left a 1/10th share of an estate that included a residential property. The solicitor was the executor. All we received was a letter about the legacy and after a few months, a cheque for about £31k.

Our solicitor says this probably means we never had an interest in the property and still count as a first-time buyer for SDLT if my partner was never on the legal title. How can we check this with HMRC or the land Registry? (I have asked our solicitor but waiting for a reply and am eager to clear it up!)

Land_Registry

throughthickandthin wrote: »

Hi,

We are sending off a determined boundary agreement with neighbour approval, including surveyors drawn up plans. Do you know roughly how long it would take the land registry to update the title plan providing all documentation is available?

Thanks,

All depends if it’s in order and wider checks are completed quickly - see PG 40 supplement 4 section 4.2

So you are looking at minimum around 4/5 weeks wait time if everything is ok. If it’s not then it can end up taking much longer

Land_Registry

Bad_Accountant wrote: »

Years ago My partner was left a 1/10th share of an estate that included a residential property. The solicitor was the executor. All we received was a letter about the legacy and after a few months, a cheque for about £31k.

Our solicitor says this probably means we never had an interest in the property and still count as a first-time buyer for SDLT if my partner was never on the legal title. How can we check this with HMRC or the land Registry? (I have asked our solicitor but waiting for a reply and am eager to clear it up!)

Generally speaking you wouldn’t be registered if you are talking about a 1/10th share if a deceased owner’s estate.
I would recommend contacting HMRC to ask what the criteria are around being classed as a first time buyer - remember your partner didn’t buy the property but got 1/10th of the value if their estate. Two very distinct things.

If you want to check what happened re the registered title and ownership then you can - contact us with property details and we can advise on what we have and how to buy copies
But generally speaking when an owner dies, the property is sold and the monies form part of the estate. That’s then divided up so nobody gets registered other than the new buyer.

dancingsequin

Hi,

We are in the process of purchasing a property which many moons ago was 2 terraced houses knocked into one. The number which the property goes by is registered to the vendors (daughters of a deceased gentleman - probate all sorted), however when we were sent the docs from our solicitor this only shows that portion of the house, not the additional part. When we questioned this, the solicitor said they had checked and the other half of the property is in fact unregistered. They are therefore seeing whether the vendors have the original paper deeds, which I'm presuming they won't because otherwise they would have sent them with all the other paperwork they have provided. So now I understand that they have to "prove" the property is theirs to sell. How are they expected to do this? Are they likely to be able to? And also I've been informed the mortgage company is likely to withdraw its offer with it being two separate land registry entries therefore they will have to be merged before sale, which I also understand takes months.

Just want some reassurance/advice from anyone who knows more or who has been there... we've had two house purchases fall through already this year and hoping this isn't another. Luckily we have no chain so can wait if needs be. I think the complication is it being half and half!

da_rule

dancingsequin wrote: »

Hi,

We are in the process of purchasing a property which many moons ago was 2 terraced houses knocked into one. The number which the property goes by is registered to the vendors (daughters of a deceased gentleman - probate all sorted), however when we were sent the docs from our solicitor this only shows that portion of the house, not the additional part. When we questioned this, the solicitor said they had checked and the other half of the property is in fact unregistered. They are therefore seeing whether the vendors have the original paper deeds, which I'm presuming they won't because otherwise they would have sent them with all the other paperwork they have provided. So now I understand that they have to "prove" the property is theirs to sell. How are they expected to do this? Are they likely to be able to? And also I've been informed the mortgage company is likely to withdraw its offer with it being two separate land registry entries therefore they will have to be merged before sale, which I also understand takes months.

Just want some reassurance/advice from anyone who knows more or who has been there... we've had two house purchases fall through already this year and hoping this isn't another. Luckily we have no chain so can wait if needs be. I think the complication is it being half and half!

I've never come across two title numbers being an issue. The charge is just registered against both.

What may cause a bigger issue is the class of ownership. If the vendor can evidence 12 years of occupation of the property (i.e. via a statement of truth) then you may be able to obtain possessory title on the other half. This is essentially title based on adverse possession. This may be the bit that causes issues as the lender may not want to lend against such a title.

You/the seller can obtain an indemnity insurance policy. Some lenders will accept insurance, some wont.

It might be worth checking the documents that the Land Registry hold for the registered property as it may be that the title plan is wrong and the incorrect extent was registered.

Land_Registry

dancingsequin wrote: »

Hi,

We are in the process of purchasing a property which many moons ago was 2 terraced houses knocked into one. The number which the property goes by is registered to the vendors (daughters of a deceased gentleman - probate all sorted), however when we were sent the docs from our solicitor this only shows that portion of the house, not the additional part. When we questioned this, the solicitor said they had checked and the other half of the property is in fact unregistered. They are therefore seeing whether the vendors have the original paper deeds, which I'm presuming they won't because otherwise they would have sent them with all the other paperwork they have provided. So now I understand that they have to "prove" the property is theirs to sell. How are they expected to do this? Are they likely to be able to? And also I've been informed the mortgage company is likely to withdraw its offer with it being two separate land registry entries therefore they will have to be merged before sale, which I also understand takes months.

Just want some reassurance/advice from anyone who knows more or who has been there... we've had two house purchases fall through already this year and hoping this isn't another. Luckily we have no chain so can wait if needs be. I think the complication is it being half and half!

It’s quite common for some lenders to not lend in such circumstances nowadays. Whether it’s just the product, the risk or their own decision-making process or a combination I d9bt know but the solicitor/lender can explain.

If they don’t have documentary title to the other part then they’d have to prove title to it. Practice Guide 2 if deeds lost or 5 if they never owned it https://www.gov.uk/topic/land-registration/practice-guides.

If they get possessory title then the two can’t be amalgamated (merger is a term used to freehold/leasehold)

If they get possessory title then indemnity insurance is an option re your purchase but one for your solicitor to advise on. Whether that’s enough to placate lender needs is a separate issue so looking for an alternative lender is also something to consider

Timing is less of an issue if you are able to proceed. Yes it could take months but if you are a confirmed buyer then they can ask us to expedite the process. If it is lost deeds/claimed then it can still take 6/7 weeks minimum as we would need a site visit and probably wider checks, but not the months you have suggested