Land Registry questions

dancingsequin

Land_Registry wrote: »

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 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

Thanks for your response. We have managed to uncover some further information. I asked my current neighbour, who lived where we are purchasing all her life, whether her parents could remember when the two houses amalgamated. By some strange coincidence, the people stated on the land registry document as selling to whom we are buying from in 1979 are my current neighbour's uncle, mother and aunt. They said they sold BOTH properties to him upon death of their father who owned the properties at that time (1979) for £4000 for both, and they were converted into one soon after. They are all willing to provide statements if necessary to support the fact that both properties were owned by the vendor from 1979 onwards. I think potentially the problem may have arisen because before that the unregistered part was rented and used as the post office, therefore may not have been registered as a dwelling and this will have been before the land registry was computerised etc.

Would the fact we have contact with the original vendors who sold the two properties together mean that it would be less likely to come back as possessory title? Obviously I'm now worried it will be the mortgage that will be the issue here.

Thanks.

Land_Registry

dancingsequin wrote: »

Would the fact we have contact with the original vendors who sold the two properties together mean that it would be less likely to come back as possessory title? Obviously I'm now worried it will be the mortgage that will be the issue here.

Thanks.

Every application is treated on merit so if they are trying to register based on the deeds being lost then Practice Guide 2 explains what we will require

You must rely on your legal advice here and of course the lender's view which may be a deal breaker for you as things stand

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?

Hi Land Registry.

Re my extended lease again. My solicitor expedited this application on 30th October, so 14 working days ago. The LR sent a "requisition" on 12th November, which we answered promptly. It's still not registered and I am getting seriously concerned my buyer will lose patience soon. Is there anything else I can do?

Nearlydebtfree

HI - I hope you can help.

I completed on a mortgage with the Halifax at the end of August and Solex dealt with the legal side of it. They were unable to register the charge with the Land Registry as they would not accept my birth certificate and decree absolute as proof of my change of name back to my maiden name and I had to get my original marriage certificate - which I had to order.

Since then I am now in the process of buying a new property and porting the mortgage over. We cannot set a completion date until the registration is complete at the LR for the mortgage I have just completed on (hope this makes sense!) I received my marriage certificate last week and it has been sent to Solex who said that they have sent over the application to register the charge - my concern is now that this will take ages and delay completion. Could you advise me on likely time limits for registering a charge please?

Just another thing to worry about in the world of home buying

Land_Registry

specialhat wrote: »

Hi Land Registry.

Re my extended lease again. My solicitor expedited this application on 30th October, so 14 working days ago. The LR sent a "requisition" on 12th November, which we answered promptly. It's still not registered and I am getting seriously concerned my buyer will lose patience soon. Is there anything else I can do?

No.if it’s been expedited then it will be reconsidered ASAP. Your solicitor can check online to confirm expedition and to see if anyth8ng else is now happening, for example other or wider checks

Land_Registry

Nearlydebtfree wrote: »

HI - I hope you can help.

I completed on a mortgage with the Halifax at the end of August and Solex dealt with the legal side of it. They were unable to register the charge with the Land Registry as they would not accept my birth certificate and decree absolute as proof of my change of name back to my maiden name and I had to get my original marriage certificate - which I had to order.

Since then I am now in the process of buying a new property and porting the mortgage over. We cannot set a completion date until the registration is complete at the LR for the mortgage I have just completed on (hope this makes sense!) I received my marriage certificate last week and it has been sent to Solex who said that they have sent over the application to register the charge - my concern is now that this will take ages and delay completion. Could you advise me on likely time limits for registering a charge please?

Just another thing to worry about in the world of home buying

The average timescale is 10 working days if it’s a fresh application. If the original one is still pend8ng and waiting for your marriage certificate then it should be completed in a few days. Your conveyancer should be able to confirm

specialhat

specialhat wrote: »

Hi Land Registry.

Re my extended lease again. My solicitor expedited this application on 30th October, so 14 working days ago. The LR sent a "requisition" on 12th November, which we answered promptly. It's still not registered and I am getting seriously concerned my buyer will lose patience soon. Is there anything else I can do?

Fortunately it has finally appeared on the LR today. :beer:

Puflet

I've posted about this before, but the situation is likely to change soon and I'm just bracing myself.

My house is currently under offer but we haven't exchanged yet; the hold up is due to a patch of land - part of the title - which is currently occupied by a pumping station managed by Severn Trent. The buyer's solicitors are insisting that the freehold of the land is transferred to Severn Trent before they will proceed with the sale. The TP1 has been completed and signed, but due to delays on all sides it is unlikely that Severn Trent will lodge the application with the Land Registry before the end of November.

My purchaser has given the end of November as a deadline; if there is no progress on the sale she will be pulling out.

I'm aware that if there's an associated sale, the application to LR can be expedited - but presumably not, if the sale has been cancelled. I also understand that this process will take months without the associated sale.

My question is: if I find another buyer further down the line, can I then contact the Land Registry to expedite a transfer which is already in progress?

iampetesmith

Hi, we've been trying to buy a house for the last 5 months and everything has ground to a halt because of a restriction that needs to be removed from the house at the top of the chain. We're at the bottom, so can't really see what's going on and have to rely on what the estate agent tells us.

The restriction is to do with someone's name being taken off the title deed and I was told this would be done on Monday. Today the estate agent said that the solicitors are still waiting for the document to be updated.

The thing is, my solicitor phoned and said the application hadn't been submitted so does anyone on here know what's going on with it? The title reference is SF21339.

I bought a copy of the title and there is no one else's name on it, so I'm wondering if it's been done and I have the updated copy, or if there was never another name to remove on there in the first place and it's just been a stalling tactic.

Land_Registry

Puflet wrote: »

I've posted about this before, but the situation is likely to change soon and I'm just bracing myself.

My house is currently under offer but we haven't exchanged yet; the hold up is due to a patch of land - part of the title - which is currently occupied by a pumping station managed by Severn Trent. The buyer's solicitors are insisting that the freehold of the land is transferred to Severn Trent before they will proceed with the sale. The TP1 has been completed and signed, but due to delays on all sides it is unlikely that Severn Trent will lodge the application with the Land Registry before the end of November.

My purchaser has given the end of November as a deadline; if there is no progress on the sale she will be pulling out.

I'm aware that if there's an associated sale, the application to LR can be expedited - but presumably not, if the sale has been cancelled. I also understand that this process will take months without the associated sale.

My question is: if I find another buyer further down the line, can I then contact the Land Registry to expedite a transfer which is already in progress?

Yes - same requirements apply so if you have a confirmed buyer then that evidence plus a reques5 to expedite can be submitted by lodging conveyancer