Land Registry questions

da_rule

sammy652 said:

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.

The time limits for adverse possession are statutory so unlikely to get any deviation.

You could approach the person who is currently registered as the owner, however how sure are you that they'll play ball?  You could end up in a ransom situation.

Slithery

Why did you not pick this up when you purchased? Your conveyancer at the time would have sent you a plan from the LR and confirmed with you if it agreed with what you thought you were purchcasing...

sammy652

Slithery said:

Why did you not pick this up when you purchased? Your conveyancer at the time would have sent you a plan from the LR and confirmed with you if it agreed with what you thought you were purchcasing...

thanks for your reply and I am kicking myself now and not really sure to be honest how it was missed,  title deed I have it looks like the garden and garage  is on the plan. clearly now i know different. 
the land was missed on two sales. 

sammy652

The time limits for adverse possession are statutory so unlikely to get any deviation.

You could approach the person who is currently registered as the owner, however how sure are you that they'll play ball?  You could end up in a ransom situation.

thanks for the reply, do you know if the adverse possession be speeded up if the registered owner agrees to it straight away or do i still have to wait the 65 days?

msprint

Hi 
Background: I'm in the process of remortgaging. I have a joint mortgage with sibling and want to remortgage on my own. There is a declaration of trust in place - so there is a restriction registered to secure the declaration of trust. The lawyers of my bank who I am remortgaging with have asked that I upload the declaration of trust (of which I only have a final draft copy as my conveyancer at the time did not send me a final version), so that they can ensure we are complying with the trust and to provide a statement of truth to bring the restriction to an end. However, my sibling and I have agreed we no longer want to follow through with the terms of the trust and  want to just end the restriction. The bank's lawyers have advised that I will need to appoint my own solicitors to bring the trust to an end and have this removed from the title deeds. They will only be able to remove the sole proprietor restriction registered against my property. 
Question: Can we do this on our own without solicitors? I approached our previous conveyancer who advised that this is something that my bank's legal team should be able to do for us but they are reluctant to do so as we are not following through with the terms (even though my sibling and I are in agreement for it to end). From reading the various threads - it looks like we can apply ourselves to bring the trust to an end and have the restriction removed from the title deeds.
Can you confirm what the process is to allow this to happen please? i.e. What forms and what evidence/documents I need to provide and who these need to go to (presumably the Land Registry).  And do I still need to submit a statement of truth? Or is this only for confirming the terms of the declaration of trust has been complied with (which we are not doing as circumstances have changed).

Thanks in advance for your help.

UltraRevenge

Dear Land Registry representative and seniors of this forum. 

We recently bought a second home and moved in summer 2019. I've only just noticed that I will have to update my contact details on the land registry for 1st home. I aim to post today. Are you open during this pandemic - and how long would the process take? I will need to evidence of ownership for an HO application, as that's where we lived the longest. Thank you. 

Land_Registry

UltraRevenge said:

Dear Land Registry representative and seniors of this forum. 

We recently bought a second home and moved in summer 2019. I've only just noticed that I will have to update my contact details on the land registry for 1st home. I aim to post today. Are you open during this pandemic - and how long would the process take? I will need to evidence of ownership for an HO application, as that's where we lived the longest. Thank you. 

Our offices are shut but you can submit by post. It will likely be several weeks before we can process it though 
You can apply online for a copy of the register for your first home 

Land_Registry

Chimpy84 said:

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 

Apologies for late posting - if the application has been expedited then we will get to it ASAP. If it’s not been done yet then it may still be a few weeks but the solicitor can check/confirm position online 

Land_Registry

jbhatt6 said:

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.

We can’t offer any advice re the timing of exchange/completion I’m afraid. That’s very much down to you/your solicitor but if you have a mortgage lender then it’s likely they’ll have the final say

Land_Registry

sammy652 said:

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.

You’ve got to go with your legal advice here. We can’t give you a steer and it reads like you already understand/appreciate the options available 

if you got the Adv P route and the claim and the site visit are all ok then the registered owner would be notified. If they consented then the 65 days can be shortened. 

Important to bear in mind that there are no site visits at present due to movement restrictions.