Land Registry questions

greatcrested

foreverwalking said:

Hi
...... unable to obtain the title deeds (seller currently is in a highly dependant/vegetative state)......

It's not what you asked, but the seller can't be in a "highly dependant/vegetative state". If he were, he could not sell. I presume you mean the owner is in a highly dependant/vegetative state, which begs the question (worth checking!) who is the seller?

If the 'seller' has POA, that's fine - provided the owner does not die before the sale Completes, in which case POA lapses and the matter falls into the hands of the Executers (assuming there is a will).

foreverwalking

Greatcrested that’s my precise fear, I have never met the seller. I have spoken to neighbours who confirm the sellers name which match the sale memorandum and that he was in his 90’s and living in a care home. I have been told the Solicitor’s have the declaration, so that coupled with indemnity should be suffice.
for me it’s around 15% below market value so Looking at it in the bigger picture I don’t want to take this sort of risk if the percentage saving isn’t that great. It’s a tough one as a first time buyer becausss I do want a good deal but in this economic climate the house price may even drop in 6 months for example. Tough decisions 

greatcrested

foreverwalking said:

Greatcrested that’s my precise fear, I have never met the seller. I have spoken to neighbours who confirm the sellers name which match the sale memorandum and that he was in his 90’s and living in a care home. I have been told the Solicitor’s have the declaration, so that coupled with indemnity should be suffice.
for me it’s around 15% below market value so Looking at it in the bigger picture I don’t want to take this sort of risk if the percentage saving isn’t that great. It’s a tough one as a first time buyer becausss I do want a good deal but in this economic climate the house price may even drop in 6 months for example. Tough decisions 

There may be nothing to worry about but you need to confirm:

* the name of the owner. Check the property Title for ownership. £3 here if you don't have a copy.

* the name of the seller. ie who is going to sign the documents? Clearly not someone in a vegetative state (I note you say above the seller is in his 90s - I suspect you mean the owner?)

* the status of the seller ie do they hold POA for the owner?

* whether the owner is in a long-term vegetative state, or is perhaps going through their final days.

I'd hope your conveyancer has already checked the first 3 Qs above, but if not try to pin down answers with the agent. As for the last question, the agent may or may not know. Or the neighbours might.

Land_Registry

If I have understood correctly the property is unregistered, the deeds cannot be found and the owner is not capable of assisting with such matters.
As a result someone is trying to sell the property and has dropped the price perhaps in part for a quick sell and because of the 'risks' linked to it not being registered and no deeds.
If that is correct then that is exactly what your legal advice is for - is the risk sufficiently covered by the indemnity and reduced purchase price.
In my experience conveyancers (and any mortgage lender you may have) would ask for the property to be registered first. So the lost deeds etc would be dealt with and the risk level reduced as a result. The risk for them is quite high on this point as the owner would normally make the statement of truth re the deeds and their loss as they would have more knowledge of what happened for obvious reasons
Who the owner is and what legal authority the person acting for them on any sale is less of a risk as there is legislation in place that covers that but the starting point is of course proving that the unwell seller is in fact the owner.
From your own posts it seems clear that your conveyancer is aware of such matters and you are really just trying to widen your own understanding of the risks involved. But do rely on your conveyancer here - they are your risk assessor after all 

Kimmibee

Hi

I am buying a house where the seller has built a bungalow in the garden and erected fencing to divide up the land. Our conveyancer has advised us that the sellers solicitor is currently arranging the TP1/Land Registry. Can anyone advise how long this usually takes please.

Thanks

Land_Registry

Kimmibee said:

Hi

I am buying a house where the seller has built a bungalow in the garden and erected fencing to divide up the land. Our conveyancer has advised us that the sellers solicitor is currently arranging the TP1/Land Registry. Can anyone advise how long this usually takes please.

Thanks

They'll be arranging a TP1 to complete the sale. You'll then register your purchase/TP1 with us. It will then most likely wait 7/8 months before we are able to consider and register it.
Unfortunately we have a backlog of this type of work which means there are several months delay. However, and as your conveyancer can explain, once the application has been submitted your purchase is protected so whilst the wait is frustrating it does not put your legal ownership into doubt

wazza07

Hi,

We have received a pack of information from our solicitor in regards to our house purchase (Freehold). Our conveyancer has noted that there is a rentcharge on our property of £5 per annum payable to Shenstone Properties Ltd. On looking at the Charges Register we’re still slightly confused – Point 2, last paragraph in regards to the £5 being freed and discharged.

 Charges Register

1.       (xx/xx/2005) The land in this title and other land is subject to a yearly rentcharge of £42 created by a Conveyance date xx/xx/1930 made between (1) and (2).

The said Deed also contains covenants.

NOTE 1: Rentcharge registered under LAxxxx.

NOTE 2: By a Conveyance dated xx/xx/1931 referred to below the land conveyed was informally exonerated from this rentcharge. 

2.       (xx/xx/2005) The land in this title is subject to a yearly rentcharge of £5 created by a Conveyance dated xx/xx/1931 made between (1) and (2).

The said Deed also contains covenants, exceptions and reservations.

 By a Conveyance dated xx/xx/1998 made between (1) and (2) the rentharge of £5 referred to above and the positive covenants associated therewith were expressed to be freed and discharged in the form therein mentioned. 

End of Register  

Is it possible to check if there is a copy of the 1998 Conveyance if I provide the relevant details? Thank you

 

Land_Registry

wazza 07 - you can apply by post for a copy  if a copy is needed. We don’t check before you apply as that would be double-handling 

peruangel

I live in a terraced house and there is an alley way running along the back with an opening for vehicle access. The house where the vehicle access is purchased right of access in 1972. The current owners will not allow me to drive to the back of my house to remove the rubbish that persons unknown have dumped by my fence and gate and leave a van blocking the way. Do I have the right to drive on there? I got this from the title deeds of that property

''all such other easements and quasi-easements as have theretofore been enjoyed over or in connection with the adjoining property now or formerly belonging to the Vendors including all such rights as by reason of unity of seisin are not legal easements."

Land_Registry

peruangel said:

I live in a terraced house and there is an alley way running along the back with an opening for vehicle access. The house where the vehicle access is purchased right of access in 1972. The current owners will not allow me to drive to the back of my house to remove the rubbish that persons unknown have dumped by my fence and gate and leave a van blocking the way. Do I have the right to drive on there? I got this from the title deeds of that property

''all such other easements and quasi-easements as have theretofore been enjoyed over or in connection with the adjoining property now or formerly belonging to the Vendors including all such rights as by reason of unity of seisin are not legal easements."

You’ll need legal advice as to what rights you have (if any) to access the land/your property 
The register extract does not relate to a specific right of way/access so would not, in my experience, be relevant to your specific need for access. Again one for your legal adviser to confirm for you