Land Registry questions

GrahamAJB

Hi there. We have come to sell our property and it has come to our attention that our property was not transferred to us 2 years ago when we bought it. The solicitor we used at the time has finally submitted it yesterday but is there a way of expediting the transfer as we have Memo of Sale on our property, we have a Memo of Sale on a property that we are buying, we have no chain at either end and we are keen to move as soon as possible, ideally in April. The issue with the deeds was completely unexpected and we don't want to lose our buyer so any advice would be great.

Falafels

Land_Registry said:

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 

Thank you for your very prompt reply... I'll have a look!

Land_Registry

GrahamAJB said:

Hi there. We have come to sell our property and it has come to our attention that our property was not transferred to us 2 years ago when we bought it. The solicitor we used at the time has finally submitted it yesterday but is there a way of expediting the transfer as we have Memo of Sale on our property, we have a Memo of Sale on a property that we are buying, we have no chain at either end and we are keen to move as soon as possible, ideally in April. The issue with the deeds was completely unexpected and we don't want to lose our buyer so any advice would be great.

If it's an already registered title then the application should be considered within a matter of days so expediting it is rarely necessary. Whilst the average timescale is around 12 working days currently a straightforward sale/purchase would normally be completed within 5/6 working days providing it is in order of course
If it was a sale of a part of a registered title for example then your conveyancer can submit the MOS and ask us to expedite it. They will be able to do that online and should be aware of what is required

GrahamAJB

Land_Registry said:

GrahamAJB said:

Hi there. We have come to sell our property and it has come to our attention that our property was not transferred to us 2 years ago when we bought it. The solicitor we used at the time has finally submitted it yesterday but is there a way of expediting the transfer as we have Memo of Sale on our property, we have a Memo of Sale on a property that we are buying, we have no chain at either end and we are keen to move as soon as possible, ideally in April. The issue with the deeds was completely unexpected and we don't want to lose our buyer so any advice would be great.

If it's an already registered title then the application should be considered within a matter of days so expediting it is rarely necessary. Whilst the average timescale is around 12 working days currently a straightforward sale/purchase would normally be completed within 5/6 working days providing it is in order of course
If it was a sale of a part of a registered title for example then your conveyancer can submit the MOS and ask us to expedite it. They will be able to do that online and should be aware of what is required

Fantastic, thanks for responding so quickly. I really appreciate it. Quick follow on questions - how would we know if it wasn't in order? Would the solicitor be informed pretty promptly? And if we still wanted it to be expedited as we're so up against it from a time perspective, is there a process? We're really worried about losing our buyer (they are in rented accommodation, raring to go and we weren't exactly inundated with offers). I know none of the issues we've had have been caused by Land Registry but we'd appreciate every day we could bring it in at the moment. Don't worry, strong words are to be had with the solicitors, but keen to not get them to lose focus right now.

Land_Registry

GrahamAJB said:

Land_Registry said:

GrahamAJB said:

Hi there. We have come to sell our property and it has come to our attention that our property was not transferred to us 2 years ago when we bought it. The solicitor we used at the time has finally submitted it yesterday but is there a way of expediting the transfer as we have Memo of Sale on our property, we have a Memo of Sale on a property that we are buying, we have no chain at either end and we are keen to move as soon as possible, ideally in April. The issue with the deeds was completely unexpected and we don't want to lose our buyer so any advice would be great.

If it's an already registered title then the application should be considered within a matter of days so expediting it is rarely necessary. Whilst the average timescale is around 12 working days currently a straightforward sale/purchase would normally be completed within 5/6 working days providing it is in order of course
If it was a sale of a part of a registered title for example then your conveyancer can submit the MOS and ask us to expedite it. They will be able to do that online and should be aware of what is required

Fantastic, thanks for responding so quickly. I really appreciate it. Quick follow on questions - how would we know if it wasn't in order? Would the solicitor be informed pretty promptly? And if we still wanted it to be expedited as we're so up against it from a time perspective, is there a process? We're really worried about losing our buyer (they are in rented accommodation, raring to go and we weren't exactly inundated with offers). I know none of the issues we've had have been caused by Land Registry but we'd appreciate every day we could bring it in at the moment. Don't worry, strong words are to be had with the solicitors, but keen to not get them to lose focus right now.

Applications are submitted, normally electronically.
They then wait a short time before being considered by a caseworker. If it's not in order at that stage then the solicitor is notified, again electronically
The solicitor can check online as to whether their application is waiting to be processed; whether a requisition has been raised as it is not in order and so on. Hopefully in your case they have submitted it and it is simply waiting to be processed. And as soon as it is and it is in order they get notified and receive an updated register.
So if you want the solicitor to focus then ask them to confirm the title number/case reference plus date of submission and progress
If they can confirm all of that information then they are focussed and simply waiting for us to process the application

GrahamAJB

Land_Registry said:

GrahamAJB said:

Land_Registry said:

GrahamAJB said:

Hi there. We have come to sell our property and it has come to our attention that our property was not transferred to us 2 years ago when we bought it. The solicitor we used at the time has finally submitted it yesterday but is there a way of expediting the transfer as we have Memo of Sale on our property, we have a Memo of Sale on a property that we are buying, we have no chain at either end and we are keen to move as soon as possible, ideally in April. The issue with the deeds was completely unexpected and we don't want to lose our buyer so any advice would be great.

If it's an already registered title then the application should be considered within a matter of days so expediting it is rarely necessary. Whilst the average timescale is around 12 working days currently a straightforward sale/purchase would normally be completed within 5/6 working days providing it is in order of course
If it was a sale of a part of a registered title for example then your conveyancer can submit the MOS and ask us to expedite it. They will be able to do that online and should be aware of what is required

Fantastic, thanks for responding so quickly. I really appreciate it. Quick follow on questions - how would we know if it wasn't in order? Would the solicitor be informed pretty promptly? And if we still wanted it to be expedited as we're so up against it from a time perspective, is there a process? We're really worried about losing our buyer (they are in rented accommodation, raring to go and we weren't exactly inundated with offers). I know none of the issues we've had have been caused by Land Registry but we'd appreciate every day we could bring it in at the moment. Don't worry, strong words are to be had with the solicitors, but keen to not get them to lose focus right now.

Applications are submitted, normally electronically.
They then wait a short time before being considered by a caseworker. If it's not in order at that stage then the solicitor is notified, again electronically
The solicitor can check online as to whether their application is waiting to be processed; whether a requisition has been raised as it is not in order and so on. Hopefully in your case they have submitted it and it is simply waiting to be processed. And as soon as it is and it is in order they get notified and receive an updated register.
So if you want the solicitor to focus then ask them to confirm the title number/case reference plus date of submission and progress
If they can confirm all of that information then they are focussed and simply waiting for us to process the application

Brilliant advice. Thanks for your help.

Mikes_Saving

I've been fighting a long  (many years) and frustrating battle with my local Council to get the Freehold for my property registered to me - I was getting nowhere until I came across these people: https://www.commonholdandleaseholdexperts.co.uk/contact 
Suddenly progress is being made.  If you need advice about Freehold, you could do worse that given them a call.

GrouseyGrouse

Hi ,

We've just bought our forever home which has been in the same family since 1957.
The house was first registered at Land Registry in 1999, and the only documents we have received for the house from the vendors solicitors (history wise) is the normal Land Registry electronic title document and title plan which gives very little info apart from an extract of a 1909 conveyance for it as a plot with copy not filed, so we have no copy of this document, nor the complete text.

Is there any way of confirming who the solicitors were who did the first registration at Land Registry in 1999 and what documents were used?

Also the PIF was very vague about who owns one of our boundaries. I think it is our neighbours, but looking on their title there is just a copy filed document and no details. Is there a mechanism for a third party to request a copy of the 'Copy Filed' document relating to our neighbours title?

Any advice is much appreciated.

Land_Registry

GrouseyGrouse said:

Hi ,

We've just bought our forever home which has been in the same family since 1957.
The house was first registered at Land Registry in 1999, and the only documents we have received for the house from the vendors solicitors (history wise) is the normal Land Registry electronic title document and title plan which gives very little info apart from an extract of a 1909 conveyance for it as a plot with copy not filed, so we have no copy of this document, nor the complete text.

Is there any way of confirming who the solicitors were who did the first registration at Land Registry in 1999 and what documents were used?

Also the PIF was very vague about who owns one of our boundaries. I think it is our neighbours, but looking on their title there is just a copy filed document and no details. Is there a mechanism for a third party to request a copy of the 'Copy Filed' document relating to our neighbours title?

Any advice is much appreciated.

Yes = you can apply by post for a copy of the First Reg form and list of documents submitted. You can do the same for the ‘filed’ document but as a separate application 

[Deleted User]

Hi 
I am buying a house. For this example lets say on the original transfer and on the title map the house is called “Blend” and it is meant to be that as thats on the name plate too - however on the registry its been recorded as “Bland” 
On all automatic place finding data that say insurance companies, postage, choose your address type drop down bars use, its all said to be “Bland” the wrong name

My solicitor plans to ask the registry to put on the register the correct name “Blend” ...... will all these data hunting sites automatically change to Blend once that is done ? Its important as its part of a new build and none have numbers just names. 

Thanks