Land Registry questions

Land_Registry

Loopyloopz said:

Land_Registry said:

Loopyloopz said:

Hi Land Registry, hoping you can help.  My mum left a share of her and her partners home to my sister and I.  My aunts name was added to the land registry as she is the other trustee (mums partner is the other one).  Mums partners name was already on the land registry as he owns majority share. 

My sister has been paid her share and mums partner wants to pay me and remove my aunts name from the land registry.  But my aunt is refusing to sign the form to remove her name of the land registry.  Mums partners solicitor has advised him not to pay me until her name can be removed.  

Is it possible for mums partner to complete the RX3 (I think is the right form?) and get her name of?  He can provide proof of my sister being paid and if this route is possible he will pay me and will include that proof with the form to you.  Just wondered if this was possible?  So mums partner and I can both move on with our lives. 

B: Proprietorship Register
Title absolute
1. 07.07.2000 this parts states mums partners name and the address of the property and my aunts name and her address. 

The restriction states: 2. 07.07.2000 No disposition by a sole proprietor of the land (not being a trust corporation) under which capital money arises is to be registered except under an order of the Registrar or of the Court.”
Any help really appreciated as this has been going on for quite sometime and would like to find a way to settle this. Thanks in advance.  

An RX3 will only help to cancel the restriction. It would not remove her name for example. The form RX3 along with supporting evidence would be used to show that the restriction was no longer required. However your post refers to the actual named legal owners so until they transfer the legal ownership to a sole name for example then the RX3 does not really come into play

Thanks for your reply.  

Another question.  Can my mums partner submit the RX3 (with evidence) before my aunts name Is removed?  I assume that my aunt will have to sign paperwork agreeing to remove her name from the deeds?  But I’m thinking that she will have no legal right to refuse if the trust is settled and the land registry have seen evidence and have processed the RX3.  The only reason her name is on there is to protect the trust.  Once the trust is legally seen as complete my aunt has to sign!?   Just trying to come up with a way of getting this done and finished as my mum wanted and her partner can move on with his life.

Thanks! 

Yes but the onus is very much on providing suitable evidence that the trust/interest it protects has come to an end.
I should stress that removing the form A restriction does not force either registered legal owner to then execute and complete a legal transfer of their ownership. Whilst I can appreciate your thinking on that aspect I would recommend seeking legal advice to ascertain what, if anything, you can do to force the hand of the reluctant registered joint owner.

jcooper90

Hi
I am in the process of buying a house and waiting on the TR1 to complete. The house i am purchasing has been part exchanged for a new build, and now that the sellers of the property i am buying have moved into their new build, the property developers own the house i am buying. My solicitors have said we need the TR1 to come back to show the ownership has been transferred from the sellers to the property developers before we complete, and so the sellers solicitors have asked for the TR1 to be expedited.

A week later after submission of the application and LR haven't started the process yet. My rented flat contract expires on the 13th March and along with mortgage funds withdrawal, i am anxious this is going to be delayed very close to that point. LR have said they can't accept the expedite request as no evidence has been sent. Is there something i can do to get the application process started?

Thanks!

Land_Registry

jcooper90 said:

Hi
I am in the process of buying a house and waiting on the TR1 to complete. The house i am purchasing has been part exchanged for a new build, and now that the sellers of the property i am buying have moved into their new build, the property developers own the house i am buying. My solicitors have said we need the TR1 to come back to show the ownership has been transferred from the sellers to the property developers before we complete, and so the sellers solicitors have asked for the TR1 to be expedited.

A week later after submission of the application and LR haven't started the process yet. My rented flat contract expires on the 13th March and along with mortgage funds withdrawal, i am anxious this is going to be delayed very close to that point. LR have said they can't accept the expedite request as no evidence has been sent. Is there something i can do to get the application process started?

Thanks!

Get the lodging conveyancer to submit documentary evidence to confirm the urgency/linked transaction - this is a standard requirement and it seems that's what they have been told too

POPPYOSCAR

Not quite sure how to explain this.
Selling a property. The buyer's solicitor wants us to ask Land Registry to include  in our title deed a slither of land (about 10 inches at the widest point tapering down to 0) between our property and the property behind (built much later)as they say there is an error in the drawing of our boundary and that this would be done very quickly.
Advice please.

Thank you.

Land_Registry

POPPYOSCAR said:

Not quite sure how to explain this.
Selling a property. The buyer's solicitor wants us to ask Land Registry to include  in our title deed a slither of land (about 10 inches at the widest point tapering down to 0) between our property and the property behind (built much later)as they say there is an error in the drawing of our boundary and that this would be done very quickly.
Advice please.

Thank you.

A title plan would not be so accurate re a 10 inch slither of land. But assume there mist be something specific behind the request. 

Speed may not be possible here but a lot depends on the specifics involved and whether it’s an enquiry (quick), correction of a registration error (could be quick or drawn out) or a claim as to ownership (drawn out) 

POPPYOSCAR

Land_Registry said:

POPPYOSCAR said:

Not quite sure how to explain this.
Selling a property. The buyer's solicitor wants us to ask Land Registry to include  in our title deed a slither of land (about 10 inches at the widest point tapering down to 0) between our property and the property behind (built much later)as they say there is an error in the drawing of our boundary and that this would be done very quickly.
Advice please.

Thank you.

A title plan would not be so accurate re a 10 inch slither of land. But assume there mist be something specific behind the request. 

Speed may not be possible here but a lot depends on the specifics involved and whether it’s an enquiry (quick), correction of a registration error (could be quick or drawn out) or a claim as to ownership (drawn out) 

Thank you.
No idea why they want it done. These solicitors are driving me mad. They are also saying our title plan is wrong as it shows a road/footpath between our property and the one next door.

We have owned this property since 1987 and have never known of any road/footpath between the properties only a driveway on the property next door which led to the land at the rear of our property and various other properties which they owned but later sold to developers. They then sold their property and a house was built between the original property and ours over this driveway.

I have explained all this to them but they are still going on about it.

I am at a loss to see how this affects our title plan or makes it wrong. I have downloaded the title plan for the properties next door which clearly shows what I am saying and do not understand why they have not done this themselves. I am waiting to see what they say next.

POPPYOSCAR

Land_Registry said:

POPPYOSCAR said:

Not quite sure how to explain this.
Selling a property. The buyer's solicitor wants us to ask Land Registry to include  in our title deed a slither of land (about 10 inches at the widest point tapering down to 0) between our property and the property behind (built much later)as they say there is an error in the drawing of our boundary and that this would be done very quickly.
Advice please.

Thank you.

A title plan would not be so accurate re a 10 inch slither of land. But assume there mist be something specific behind the request. 

Speed may not be possible here but a lot depends on the specifics involved and whether it’s an enquiry (quick), correction of a registration error (could be quick or drawn out) or a claim as to ownership (drawn out) 

They have now come back and said if we do not get Land registry to amend the title plan they want a stat dec that we have have unhindered use of all the land within the title plan.

Land_Registry

POPPYOSCAR said:

Land_Registry said:

POPPYOSCAR said:

Not quite sure how to explain this.
Selling a property. The buyer's solicitor wants us to ask Land Registry to include  in our title deed a slither of land (about 10 inches at the widest point tapering down to 0) between our property and the property behind (built much later)as they say there is an error in the drawing of our boundary and that this would be done very quickly.
Advice please.

Thank you.

A title plan would not be so accurate re a 10 inch slither of land. But assume there mist be something specific behind the request. 

Speed may not be possible here but a lot depends on the specifics involved and whether it’s an enquiry (quick), correction of a registration error (could be quick or drawn out) or a claim as to ownership (drawn out) 

They have now come back and said if we do not get Land registry to amend the title plan they want a stat dec that we have have unhindered use of all the land within the title plan.

That can be the next step so you'll have to see what happens next

POPPYOSCAR

Land_Registry said:

POPPYOSCAR said:

Land_Registry said:

POPPYOSCAR said:

Not quite sure how to explain this.
Selling a property. The buyer's solicitor wants us to ask Land Registry to include  in our title deed a slither of land (about 10 inches at the widest point tapering down to 0) between our property and the property behind (built much later)as they say there is an error in the drawing of our boundary and that this would be done very quickly.
Advice please.

Thank you.

A title plan would not be so accurate re a 10 inch slither of land. But assume there mist be something specific behind the request. 

Speed may not be possible here but a lot depends on the specifics involved and whether it’s an enquiry (quick), correction of a registration error (could be quick or drawn out) or a claim as to ownership (drawn out) 

They have now come back and said if we do not get Land registry to amend the title plan they want a stat dec that we have have unhindered use of all the land within the title plan.

That can be the next step so you'll have to see what happens next

POPPYOSCAR

But this does not resolve the issue of this slither of land as it is not within the title plan.

My solicitor has now said they think it is actually unregistered so how difficult would it be to get it registered to our property to satisfy their solicitor?