Land Registry questions

Dasa

Land Registry have said in response to a query that they need to access some documents so there will be a short delay. What do they mean by that? Are we talking about say a week or several weeks?

Land_Registry

Dasa said:

Land Registry have said in response to a query that they need to access some documents so there will be a short delay. What do they mean by that? Are we talking about say a week or several weeks?

I imagine we mean we have to retrieve the paper records from storage so that would normally be a few days. Not a few weeks

POPPYOSCAR

Land_Registry said:

Dasa said:

Land Registry have said in response to a query that they need to access some documents so there will be a short delay. What do they mean by that? Are we talking about say a week or several weeks?

I imagine we mean we have to retrieve the paper records from storage so that would normally be a few days. Not a few weeks


I am in a similar position so that is very useful to know. 

Thank you for that.

Dasa

Land_Registry said:

Dasa said:

Land Registry have said in response to a query that they need to access some documents so there will be a short delay. What do they mean by that? Are we talking about say a week or several weeks?

I imagine we mean we have to retrieve the paper records from storage so that would normally be a few days. Not a few weeks

Thanks I was worried it might mean a delay to our exchange which is due beginning of march. Hopefully it will get sorted one way or another by then.Why does buying and selling have to be so stressful there must be a better way!

Dasa

Just wanted to say what a great job Land Registry do. They sorted out my problem quickly and were a great help.Thanks.

Rudeshark

Hi there.
Prompted by a neighbour's comments, my parents have spoken on the phone to someone at the Land Registry and discovered their property is unregistered. They have been living there for 53 years and paid off the mortgage a long time ago.  My father is a bit concerned by this and I'd like some help in trying to calm him down  

I'll paint a couple of scenarios...
- If nothing was done about this until my brother and I inherited the house, would that matter?  Would it cause extra problems for us?
- They are unlikely to ever sell the house, but if they did, would it matter if it was only rectified under those circumstances?

Sorry for being woolly about it.  The bottom line is they aren't really in a position to spend out on fees etc. to rectify it right now, so anything I can do to push it down the road would be good.

Thanks for any help.

xylophone

https://www.simpsonmillar.co.uk/media/land-registry-and-first-registration-explained-uk/
may be of interest.

Land_Registry

Rudeshark said:

Hi there.
Prompted by a neighbour's comments, my parents have spoken on the phone to someone at the Land Registry and discovered their property is unregistered. They have been living there for 53 years and paid off the mortgage a long time ago.  My father is a bit concerned by this and I'd like some help in trying to calm him down  

I'll paint a couple of scenarios...
- If nothing was done about this until my brother and I inherited the house, would that matter?  Would it cause extra problems for us?
- They are unlikely to ever sell the house, but if they did, would it matter if it was only rectified under those circumstances?

Sorry for being woolly about it.  The bottom line is they aren't really in a position to spend out on fees etc. to rectify it right now, so anything I can do to push it down the road would be good.

Thanks for any help.

Firstly they should no to be concerned - remember everything was once unregistered and whilst a lot of properties now are there are still a number of owners, like them, who have unregistered properties and rely on their own deeds/documents to prove their ownership.
As far as your first scenario is concerned then no, provided they have the deeds/documents necessary to prove their ownership then you would rely on those plus death certificate/probate as appropriate to then register yourselves as the owners.
If you wanted to sell as beneficiaries then it being unregistered is likely to be an issue for a buyer and their lender. They might insist on your registering it first so that could add a delay to the sale/purchase
Scenario 2 mirrors the same issue re a buyer/lender wanting it registered first before completing
Our Practice Guide 1 explains how an application to register for the first time can be made. I'd have a read of that and then see what documents/deeds they have and if all there. If they are then that might be a good time to suggest that you get it registered.
So nothing to worry about if they have the deeds/documents needed

Falafels

Thank you for your help with this so far - it's Title No. HW51114.

I own a small patch of land which is over at the other side of next door. A few years ago, my neighbours and I needed to deal with sewage problems and installed a pumping station, which was placed on the land as the most convenient way of dealing with the issue. We also formed a management company to deal with the pumping station - so that the cost of maintaining it would be shared between the four households involved. My solicitor drew up a lease between myself as the freeholder and the management company - and that is the problem now.

The pumping station and associated sewer were adopted by the local water company under legislation which came into effect in 2016, and we dissolved the management company as it was now redundant. I'd forgotten about the lease. It needs to be lifted from the title because otherwise my house is unsellable to anyone who needs a mortgage. An application was submitted on 2nd January 2020 to do so, along with evidence that the management company has been dissolved; there is also a clause in the lease stating that it will be determined if the tenant becomes insolvent. So far, I have been obliged to sign a statutory declaration to the effect that the company was dissolved by means of voluntary strike-off - although LR already had evidence that the company was dissolved - but we are now being asked to provide a court order or evidence of peaceable re-entry. Neither of these is applicable in this case, the 'premises' being a patch of land with a pumping station on it which has been managed by the water company since 2016.

My solicitor is chasing this up with the LR at the moment, but what can usefully be done at our end? Why is it necessary to provide a court order/evidence of peaceable re-entry, when the lease has already been determined? I am in despair about this!

Any help you can give will be gratefully received!

Land_Registry

Falafels said:

Thank you for your help with this so far - it's Title No. HW51114.

I own a small patch of land which is over at the other side of next door. A few years ago, my neighbours and I needed to deal with sewage problems and installed a pumping station, which was placed on the land as the most convenient way of dealing with the issue. We also formed a management company to deal with the pumping station - so that the cost of maintaining it would be shared between the four households involved. My solicitor drew up a lease between myself as the freeholder and the management company - and that is the problem now.

The pumping station and associated sewer were adopted by the local water company under legislation which came into effect in 2016, and we dissolved the management company as it was now redundant. I'd forgotten about the lease. It needs to be lifted from the title because otherwise my house is unsellable to anyone who needs a mortgage. An application was submitted on 2nd January 2020 to do so, along with evidence that the management company has been dissolved; there is also a clause in the lease stating that it will be determined if the tenant becomes insolvent. So far, I have been obliged to sign a statutory declaration to the effect that the company was dissolved by means of voluntary strike-off - although LR already had evidence that the company was dissolved - but we are now being asked to provide a court order or evidence of peaceable re-entry. Neither of these is applicable in this case, the 'premises' being a patch of land with a pumping station on it which has been managed by the water company since 2016.

My solicitor is chasing this up with the LR at the moment, but what can usefully be done at our end? Why is it necessary to provide a court order/evidence of peaceable re-entry, when the lease has already been determined? I am in despair about this!

Any help you can give will be gratefully received!

Falafels - I'm not going to go into precise and specific details as the application is still pending and it appears we have set out in some detail what is expected here.
From a very general perspective it appears to me that you have applied for the lease to be determined based on forfeiture. Section 8 of our Practice Guide explains the specifics required in such cases