Land Registry questions

Piper008

Hi we are in the process of remortgaging and have now discovered that there is a restriction on the property, not long after we purchased our house we went through a little financial difficulty, lost my job and we ended up with a CCJ with a company called CL Finance Ltd. This is the company that holds the restriction on our property. Now we discovered that this company got dissolved in October 2019 so we had to contact Bona Vacania to try and get the restriction waived but the company was resolved again and we were advised to re-contact them to resolve this but they claim to have no details of us or the restriction and refuse to provide any documents to that effect so we are stuck with a restriction that we cannot get removed, do we have any other options that we can try to get this resolved? 

Land_Registry

Piper008 said:

Hi we are in the process of remortgaging and have now discovered that there is a restriction on the property, not long after we purchased our house we went through a little financial difficulty, lost my job and we ended up with a CCJ with a company called CL Finance Ltd. This is the company that holds the restriction on our property. Now we discovered that this company got dissolved in October 2019 so we had to contact Bona Vacania to try and get the restriction waived but the company was resolved again and we were advised to re-contact them to resolve this but they claim to have no details of us or the restriction and refuse to provide any documents to that effect so we are stuck with a restriction that we cannot get removed, do we have any other options that we can try to get this resolved? 

It’s legal advice you need here as it’s an understanding of the ccj/debt process and whether that debt is still in place/enforceable 
Our Practice Guide 19 explains how you can apply to cancel a restriction but it’s the supporting evidence, namely what evidence have you got that confirms that the ccj/debt/their interest no longer applies that matters 
You may also wish to post on the MSE forum thread “Charging order - the myth” where eggbox may be able to offer some wider advice 

Piper008

Thank you I will give the forum a go

SaintAlf

Hello - the Land Registry online search is suspended (link removed as I'm too junior to post) due to the current situation.  Is there any other way to quickly check property ownership?  I have a copy of the deeds but want to ensure it's not been updated.

Land_Registry

SaintAlf said:

Hello - the Land Registry online search is suspended (link removed as I'm too junior to post) due to the current situation.  Is there any other way to quickly check property ownership?  I have a copy of the deeds but want to ensure it's not been updated.

No - just the postal option. We are hoping to be able to bring the online service back up early next week though 

SaintAlf

Thanks - in the mean time are there any other web sites that allow one to check property ownership?

Land_Registry

SaintAlf said:

Thanks - in the mean time are there any other web sites that allow one to check property ownership?

There are third party unofficial sites out there (search land registry) who use our business e-services so they may be able to obtain details for you 

Chimpy84

I am currently in the process of selling my home. The sale is being held up due to the fact my garage wasn’t registered to my property, instead it was registered with my neighbours. Persimmon homes who built our house have been involved, also solicitors on behalf of my neighbour to get the garage transferred to me. Persimmon submitted the paperwork to land registry 2 weeks ago and told me this would be expedited to speed the process up. Just enquiring if you have any info you could give me regarding the application and timescales in the current climate. Unfortunately I don’t have the application number or a title number but My name is Liam Chirnside, address is 42 Haggerston road Blyth Northumberland NE24 4GT. Garage was being transferred from 40 Haggerston road. Any help would be appreciated 

jbhatt6

Hi, I am far into the conveyancing process for buying a new build home. The house was built along with a neighbouring property on land that formerly had one home. My solicitor has recommended that I wait for the neighbouring property to be registered before I move ahead to exchange, because I won't be able to register my purchase until that application has been completed in full and without having sight of the completed application, I do not know if the neighbours will have any problems in registering the property. One example of a problem we might face is that the Land Registry does not agree with the plan that has been drawn up, which directly impacts on what I will be purchasing.

The neighbouring property has been going through the registration process for 6 months now and it has yet to be completed. I have spoken to the neighbours and they have told me that it is simply an issue with the current backlog at the Land Registry and nothing more serious than that. The seller's solicitors have maintained that the rights for me to purchase the property are set out in the Transfer deed that I am signing, so I don't have to wait for the registration of the neighbouring property to be completed.

I am stuck in a position where I risk losing the house if I have to wait for the neighbouring property to complete registration, or if I go ahead and exchange now then there is always the possibility that there may be an issue with the registration of the neighbouring property which will have a knock on effect on my purchase as well.

Would appreciate any advice the Land Registry could offer in this situation.

sammy652

Hi, 
I'm in the process for selling my property and I have an issue regarding land to the rear of my property. it is registered to the someone else. 
There was a garage and land added to the property in 2001, the property was then sold in 2003, then i bought the property in 2007. It has now come apparent that the garage and land was not transferred in the sale in 2003 or my purchase in 2007. so the seller from 2003 is still the registered owner. 
My solicitor has said to go for adverse possession, we still have the original sales  brochure which details the garage and garden, and other documents regarding the purchase of the property the details the garage and garden.
we have lived and maintained the land and the garage for 13 years now. (bought property 5th april 2007)
Also we have had no contact regarding the land or garage. 
what's worrying is the fact that I may have to wait the 65 days for the adverse possession to go through and it could cause the sale to fall through.
Is there any other way I can get the transfer of the land/ adverse possession  completed any quicker?
I kind of know the people I bought the house from in 2007  and it is their parent who is still the registered owner, could i approach the parent and get them to sign the land/garage over quicker than the adverse possession route?
I know I can't do much due to the current coronavirus situation but it's playing on my mind.
 any advice on this situation would greatly received.