Land Registry questions

AmieBowling2020

Are you able to give a rough timescale of how long these types of cases take... It has been around 8-9 weeks now taking christmas/new year into consideration. Thank you x

Land_Registry

KAzwaz wrote: »

My solicitor advised our seller that a form A restriction needed lifted at the start of our purchase process. This however was apparently never done. Our buyers are ready to exchange.The seller does not want to go through their solicitors to lift the restriction and plans on doing it themselves. Apparently someone has probate though no copies provided. I believe we are dealing with siblings and one lives abroad so I dont know if this could cause problems lifting retrictions. I believe the property may be tenants in common and both parents are now deceased. I am worried the seller may still have not even started the process or may do things wrong and land registry will reject it. I dont know if our buyers will wait if it doesn't get lifted or how long this could all take or if we can check with land registry if they have had a request.

There are circumstances where it may be necessary to apply for a form A restriction to be removed.
In my experience you are in the seller's hands here so they should be able to answer each of your questions.
Whilst, if you provide the title number involved, we can confirm receipt of an application it would be inappropriate for us to confirm any specific details - that would be for them to confirm to you as part of the chain involved

AmieBowling2020

Me again - solicitor has confirmed it was expedited straight away on 19th November... X

NewShadow

Land_Registry wrote: »

Only the register and title plan are available to you online.
If you want copies of any deeds referred to as being 'filed' then you can apply for them by post

But as you state your conveyancer would be checking the details for themselves to confirm what they mean and how they might impact on you as the buyer. They will apply for and pay for copies as well so I would suggest waiting for them to confirm/advise as appropriate

Thank you kindly

Land_Registry

AmieBowling2020 wrote: »

Me again - solicitor has confirmed it was expedited straight away on 19th November... X

If that is the case then there must be some other issue than a delay at our end now.
An expedited application is normally considered within 2 weeks of that expedition.
Who lodged it and when is insufficient to track or trace
Your own conveyancer is the best person to ask/chase the chain but it sounds like the only answers to your Qs lie with the chain itself

esthersewing

We are buying a property that has a definite boundary and separate entrances. One is the house and garden and the other is a field. As the field only has an overage on it we want to split the title after the purchase so that we can then apply for Equity release to do work on the house. We don't mind if it is split so that we both own the house and garden and the field is in one of our names only. No mortgage is involved as we are cash buyers, but the equity release lenders will not give us anything on a property with an overage. How would the Land Registry view this and would they be likely to refuse the split? Any info would be helpful.

esthersewing

This is my first time so not even sure if I am asking my question of the right people. This is for the Land Registry. We are just buying a property which consists of a house and garden and a field all on the one Title. The field is separate from the house and garden with definite boundries and both have their own access. The field has an overage on it but not the house and garden. We are cash buyers, but after we purchase we want to do Equity relsease to do work on the house etc. As the Equity Release Mortgages won't lend on anything with an overage we want to split the Title into two. We don't mind if the house is in both our names and the field is in only one of our names. How would this be viewed by the Land Registry and are we likely to be refused the application to split for any reason.

esthersewing

We are buying a property that has a definite boundary and separate entrances. One is the house and garden and the other is a field. As the field only has an overage on it we want to split the title after the purchase so that we can then apply for Equity release to do work on the house. We don't mind if it is split so that we both own the house and garden and the field is in one of our names only. No mortgage is involved as we are cash buyers, but the equity release lenders will not give us anything on a property with an overage. How would the Land Registry view this and would they be likely to refuse the split? Any info would be helpful.

Land_Registry

esthersewing wrote: »

We are buying a property that has a definite boundary and separate entrances. One is the house and garden and the other is a field. As the field only has an overage on it we want to split the title after the purchase so that we can then apply for Equity release to do work on the house. We don't mind if it is split so that we both own the house and garden and the field is in one of our names only. No mortgage is involved as we are cash buyers, but the equity release lenders will not give us anything on a property with an overage. How would the Land Registry view this and would they be likely to refuse the split? Any info would be helpful.

If you apply to split it then you would need to provide documentary evidence re the lender’s refusal to lend against the whole for example
We won’t split without such evidence but if you both transferred part to just one name then that also affects the split but naturally from a registration perspective as the legal ownership changes

AmieBowling2020

Hi Land Registry, I now have the address of the property, can you look into if I give you that? If so it's - 15 Oriole Drive, Cringleford, Norfolk, NR4 7LU and its the garage registration which is holding up the exchange from taking place. Thank you.