Land Registry questions

Land_Registry

JJN30 wrote: »

I have asked my solictor to request a second opinion and they have the same response that this has to be removed before we can proceed . The added difficulty is we can’t comply, as the company has been stuck off.

There's little we can do other than direct them/you to our PG 76, which I assume you have done.
The other thread that D_M_E linked you to refers to and explains a similar experience for others re such restrictions and the legal advice some have received

As far as the compliance with the restriction is concerned the key is in the wording. You have the name and address of the creditor so can send a notification to them.

But if your legal advice is steering you in another direction then that is a matter between you and them I'm afraid

Land_Registry

Melahu94 wrote: »

Hi,

Acting as LPA for my elderly parents in the purchase of their next home. The property has possessory title of a small part of the driveway/access to property (about 1/2 metre squared) and full absolute title of the rest of the land. The 12 years will be up on 14 March so an uplift application can be made. Our solicitor is advising that we wait until after that date to complete so that the current owner can make the application as they have better chance of success than us. Or that the current owner should give a Stat Dec to support our application (which they are not happy to do as they are executors of the estate).
We do not want to wait until March 14 as that means waiting for a response from LR may take completion date to late April - everyone in the chain is ready and we fear we may lose our buyers.

My question is, is there any reason why we could not make the application after buying the property (with an indemnity insurance policy provided by the seller - which they are happy to do)? Would the LR reject an application made by us simply because WE would have only been in actual physical possession for a couple of months? Surely they would have a record of the possessory title being registered 12 years ago and therefore that would be sufficient to allow us to upgrade it to absolute?

If it were our own money and risk we would be more inclined to do it, but as we are acting as LPA's we want to make sure any lose or risky ends are dealt with properly!

Thank you in advance.

Very much one for you and the solicitor to discuss and agree upon as to the timing of such matters.
From our perspective our Practice Guide explains what is required and the key aspect, which you already appreciate, is the length of time.
Provided the time has elapsed when the application is made it matters not whether the applicant has been there 1 month, 1 year or more as it is the combined time that would apply

Clearly we won't consider the matter until an actual application is submitted so do rely on your legal advice here re timing/completion

Sally_Forth

JJN30 wrote: »

Hi
Im the buyer of property with the following order,my solictor is insistant it needs removal prior to purchase. Is this correct?
Proprietorship Register
(07.06.2010) RESTRICTION: No disposition of the registered estate,
other than a disposition by the proprietor of any registered charge
registered before the entry of this restriction, is to be registered
without a certificate signed by the applicant for registration or their
conveyancer that written notice of the disposition was given to RFS
Limited (Co. Regn. No. 00548902) at Egale House, 78 St Albans Road,
Watford, Hertfordshire, WD17 1AF, being the person with the benefit of
a final charging order on the beneficial interest of Mr ****
made by the court

As others have said, the applicant or their solicitor just have to write a statement saying they have sent a notice to RFS at the address above that the property is being sold.
Sign it and submit it with the application to Land Registry.
They should actually send the notice, the fact RFS aren't there to receive it is irrelevant.

If you are the applicant on the AP1 then you can send the notice and provide the certificate/statement.

I guess the intention of the restriction is so that the company, if it exists, can then chase the debtor for any funds from the sale. As the company in this case doesn't exist then no one is likely to chase them for any cash.

The restriction will be removed automatically when the transfer completes.

peterade

Hello land registry helpers,

My mother passed away last year and left her house to her soul surviving relative, myself. I wish to pass the house on to my two adult children. The probate has already been paid.

The property is land registered and I want to know how I pass on the registry directly to my children. I will be submitting a deed of variation to the will.


Thank you in advance.
Peterade

eirot

hi

Can I transfer my home deeds to my daughter without a solicitor?
my daughter and I have both got our own representation but have been quoted £1150 combined to transfer the deeds to her name.

I have downloaded the HR1, AP1 & ID1 forms and the fee is less than £100. the only thing I can see to do is to get the ID1 completed by a conveyancer or at the Land registry office?

can anyone advise if I have read this correctly as if we go through solicitors it will cost £1k extra?

many thanks

Land_Registry

peterade wrote: »

Hello land registry helpers,

My mother passed away last year and left her house to her soul surviving relative, myself. I wish to pass the house on to my two adult children. The probate has already been paid.

The property is land registered and I want to know how I pass on the registry directly to my children. I will be submitting a deed of variation to the will.

Thank you in advance.
Peterade

Have a read of our online guidance as to what is required if you are transferring to someone other than the beneficiary

If you are seeking to vary the will to make your children the beneficiaries then you can follow this alternative online guidance

Land_Registry

eirot wrote: »

hi

Can I transfer my home deeds to my daughter without a solicitor?
my daughter and I have both got our own representation but have been quoted £1150 combined to transfer the deeds to her name.

I have downloaded the HR1, AP1 & ID1 forms and the fee is less than £100. the only thing I can see to do is to get the ID1 completed by a conveyancer or at the Land registry office?

can anyone advise if I have read this correctly as if we go through solicitors it will cost £1k extra?

many thanks

Whilst you do not have to use a conveyancer we would always recommend that you do as they not only know the forms/process, can verify your identities but also deal with any wider issues such as wills, inheritance and the legal impact of such a change of ownership on you both

Our online guidance explains what is required to register such a change and it would be form TR1 (not HR1 but assume simply a typo) you'd need along with forms AP1 and ID1

Puflet

Hi!

An application was sent to the Land Registry on 2nd January, to remove a lease from title no. HW51114.

Would you be able to let me know how the application is progressing?

Many thanks in advance!

Land_Registry

Puflet wrote: »

Hi!

An application was sent to the Land Registry on 2nd January, to remove a lease from title no. HW51114.

Would you be able to let me know how the application is progressing?

Many thanks in advance!

The application is currently waiting to be considered by one of our lawyers to decide on next steps/whether the lease might be cancelled based on the evidence provided.
The lodging solicitors should be able to provide you with any specific details and also advise on progress as appropriate.

Puflet

Land_Registry wrote: »

The application is currently waiting to be considered by one of our lawyers to decide on next steps/whether the lease might be cancelled based on the evidence provided.
The lodging solicitors should be able to provide you with any specific details and also advise on progress as appropriate.

Thank you!