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Land Registry questions
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Sorry if a similar question has already been asked,
I am looking to purchase a section of agricultural land from family for a self-build. The land in question is next to a property that was built for my family in the 80’s which they still own.
Any advice on where to start and the steps I should take?
On a side note should I look to get planning permission before purchasing the land and how would this effect the land value?
Thanks!
We don't deal with land value or planning so you may wish to start your own thread elsewhere
If it's designated agricultural land then the local authority manage land use. To us land is land.“Official Company Representative
I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"0 -
Land_Registry wrote: »The pending application is to transfer part of No 12's land it seems. Provisional title AA9117
Preliminary requisition s were raised and the lodging solicitor has replied today.
The replies and the application will be considered asap as a result of the expedite request
Thanks for coming back to me. We are due to complete Friday and our conveyancers are trying everything to push this through. Has all the information you required been received? If there is anything else, then i can push for them to respond asap.
If you have everything you need, what are the likely turnaround times? We only have 3 days left and the whole chain could collapse.
Is there anyway someone could look at this today? The Property itself and its land is registered and is fine, its just a tiny portion of garden. Surely this can be resolved relatively quickly, due to size and circumstances? Fingers crossed
Thanks again. Appreciate your input0 -
Hi Land Registry
I have a property that I purchased as a 4 bed end terrace. It was formally 2 bed houses.
It had had planning approved to restore the 2 2 bed houses and the works are almost complete.
Now I would like to have two separate mortgages on the properties and split the title and let out both properties. The house is currently in Mine and my husbands name.
I am aware that to do this we need a solicitor to deal with the conveyancing of both properties and the title split at the same time. However after contacting 2 solicitors we have had conflicting information with regards to this. One says to transfer 38 off the title of 36 we need to transfer it to a different name i.e it can't be joint names again either one name or a company. After getting advice on how this would affect us from a tax perspective we spoke to another solicitor who said that we could keep both in our own name and this would not trigger SDLT or a CGT on the property.
I'm unclear on what we should do next. Can you advise whether we can transfer off 38 into our own names the same as 36 is in or whether we need transfer it to our LTD company?
Many thanks
Marianne0 -
ahepworth1991 wrote: »Thanks for coming back to me. We are due to complete Friday and our conveyancers are trying everything to push this through. Has all the information you required been received? If there is anything else, then i can push for them to respond asap.
If you have everything you need, what are the likely turnaround times? We only have 3 days left and the whole chain could collapse.
Is there anyway someone could look at this today? The Property itself and its land is registered and is fine, its just a tiny portion of garden. Surely this can be resolved relatively quickly, due to size and circumstances? Fingers crossed
Thanks again. Appreciate your input
The requisition was a preliminary one so the application has as yet not been fully considered. Other points may arise
Timescales are such that it will be fully considered asap.
I should stress that size and circumstances only come into play as and when an application is fully considered. We don't process applications based solely on how easy they may seem to a seller/buyer for example
I have flagged with the processing office so you will need to be patient but hopefully it will be resolved soon“Official Company Representative
I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"0 -
Hi Land Registry
I have a property that I purchased as a 4 bed end terrace. It was formally 2 bed houses.
It had had planning approved to restore the 2 2 bed houses and the works are almost complete.
Now I would like to have two separate mortgages on the properties and split the title and let out both properties. The house is currently in Mine and my husbands name.
I am aware that to do this we need a solicitor to deal with the conveyancing of both properties and the title split at the same time. However after contacting 2 solicitors we have had conflicting information with regards to this. One says to transfer 38 off the title of 36 we need to transfer it to a different name i.e it can't be joint names again either one name or a company. After getting advice on how this would affect us from a tax perspective we spoke to another solicitor who said that we could keep both in our own name and this would not trigger SDLT or a CGT on the property.
I'm unclear on what we should do next. Can you advise whether we can transfer off 38 into our own names the same as 36 is in or whether we need transfer it to our LTD company?
Many thanks
Marianne
We will consider splitting a title if part is transferred as we have to. We can also consider an application to split if for example a lender will not secure it's loan against part of the whole title.
Howe either impact on you personally, as a company or for tax purposes is not part of that consideration. That is for you to then consider and decide upon
So if you chose to transfer part from joint to a sole or company name then that would be registered - that is no different to any other transfer of part of a registered title.
If you wanted to split it into two parts and keep the same ownership then you can apply to do so but we would then require documentary evidence to confirm that the lender has refused ot secure the loan against part of the whole title, namely they are insisting it is split.“Official Company Representative
I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"0 -
Land_Registry wrote: »The requisition was a preliminary one so the application has as yet not been fully considered. Other points may arise
Timescales are such that it will be fully considered asap.
I should stress that size and circumstances only come into play as and when an application is fully considered. We don't process applications based solely on how easy they may seem to a seller/buyer for example
I have flagged with the processing office so you will need to be patient but hopefully it will be resolved soon
Thank you for your help. We'll have to sit tight and hope it all goes through swiftly and smoothly.
Our Conveyancer went on the portal and it says in progress, so assuming that means its being looked at maybe?
Thanks again0 -
Executing will which gives stepdad right of residence in house - what Land Registry forms to use?
My Mum died late last year leaving a house which she was the sole owner of. I'm the executor and beneficiary. The will gives her partner of over a decade the right to stay in the house as long as they are not married, cohabiting, dead or living somewhere else.
I now have probate and I understand I have to send in some Land Registry forms to say I am now the legal owner of the house (but, right now, as a trustee of the trust the will created).
I am trying to do as much as I can myself (out of principle and because I'm going to have to do the same for many more elderly relatives in future) but did get a local solicitor to give me a quick rundown of the implications of that bit of the will.
(sadly I didn't realize that the Land Registry bit might be so potentially complicated so I didn't ask about that - oh well).
Solicitor said I should nominate a second trustee and I have read (not established enough to be allowed to include link!) much the same elsewhere.
First question, is that "should ideally" or "must"? After all when the trust ends the house goes to me anyway, I fill in the Land Registry forms to have me-as-me as the owner and then take it from there... Or not?
I have copies of form TR1, RX1 and LL but - do I need to also fill out AP1, AS1 and (for the other trustee I'm nominating) ID1?
I am also trying to work out if I need a declaration of trust or whether there is just some form of wording that says "see will (will reference)"?
I appreciate that LR are a) not giving out legal advice and b) about legal not beneficial ownership BUT will be aware on what combinations of forms are successfully submitted and what they have on them.0 -
MiddleEverything wrote: »Executing will which gives stepdad right of residence in house - what Land Registry forms to use?
My Mum died late last year leaving a house which she was the sole owner of. I'm the executor and beneficiary. The will gives her partner of over a decade the right to stay in the house as long as they are not married, cohabiting, dead or living somewhere else.
I now have probate and I understand I have to send in some Land Registry forms to say I am now the legal owner of the house (but, right now, as a trustee of the trust the will created).
I am trying to do as much as I can myself (out of principle and because I'm going to have to do the same for many more elderly relatives in future) but did get a local solicitor to give me a quick rundown of the implications of that bit of the will.
(sadly I didn't realize that the Land Registry bit might be so potentially complicated so I didn't ask about that - oh well).
Solicitor said I should nominate a second trustee and I have read (not established enough to be allowed to include link!) much the same elsewhere.
First question, is that "should ideally" or "must"? After all when the trust ends the house goes to me anyway, I fill in the Land Registry forms to have me-as-me as the owner and then take it from there... Or not?
I have copies of form TR1, RX1 and LL but - do I need to also fill out AP1, AS1 and (for the other trustee I'm nominating) ID1?
I am also trying to work out if I need a declaration of trust or whether there is just some form of wording that says "see will (will reference)"?
I appreciate that LR are a) not giving out legal advice and b) about legal not beneficial ownership BUT will be aware on what combinations of forms are successfully submitted and what they have on them.
The first thing to decide upon is exactly how the legal and beneficial ownerships are to be dealt with.
If I have understood correctly you intend to transfer the legal ownership from the sole name of the deceased to you as the beneficiary
If so then you need probate and forms AP1 and AS1. You do not need ID1 as you are the sole party and are named as the executor in the probate.
You then refer to your stepdad having a right to live there under certain circumstances. Whether that has created a trust in the way you suggest/understand is something you need to doublecheck especially as you stated that your were now the legal owner and sole beneficiary.
You also refer to having to appoint/nominate a second - why if you are the sole legal owner and beneficiary.
I suspect your reference to form RX1 offers a clue as to the advice you have been given although I think that advice may relate to what happens next, rather than what happens now re transferring the title to you and for example applying for a form A restriction. A form A for example can be linked to the existence of a trust/someone else's beneficial interest and that may be how the stepdad's right is being viewed.
So to avoid complicating matters further for you I would suggest you revisit the advice obtained with regards the stepdad's right to live there and how best to protect that. And do you need a trust deed to do that or some other formal arrangement.
If the answer to that is Yes and a form A restriction is wanted then form RX1 can be used to apply for that“Official Company Representative
I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"0 -
ahepworth1991 wrote: »Thank you for your help. We'll have to sit tight and hope it all goes through swiftly and smoothly.
Our Conveyancer went on the portal and it says in progress, so assuming that means its being looked at maybe?
Thanks again
The application has been completed“Official Company Representative
I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"0 -
I'm in the process of buying a house and the title plan was sent to me by my solicitor. I've spotted that it is out of date and shows the original layout of the area around the house. From what I can find online the houses on the street were built in the 1930s with long gardens, at some point in the 1960/70s, the house two doors away was knocked down and a street entrance was built in its place, leading to houses which were built in the back of the gardens of the original houses. However these new houses and the new border which is now half way along the original garden is not shown on the title plan. OS map shows this correctly. For reference you can see PlanMX187365 and OS ref Grid Ref TQ1547091898
This has been raised with the sellers solicitor and this will potentially hold up the sale. If this was expedited, what is the process for the land registry to update the plan and how long would it take?0
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