Land Registry questions

davidmcn

SIMR said:

I have requested a copy of ownership from the Land Registry and received a report that said "no registered estate, caution against first registration or application for first registration or application for a caution against first registration is shown on the index map in relation to the Property. We therefore hold no records in respect of the Property,"
does this mean that the person who put the caution there would be the owner? Also, can I find out who has put the caution on so I can contact them about it? Finally, I've been reading that if the previous owner had been using this land as their own for so long that we may be able to claim it? Although how would this be possible if there is a caution on it?

What caution? The response you've quoted says there are no cautions registered.

Land_Registry

SIMR said:

Hi - We moved in to our new house three years ago. At the rear of our property was a 20m x5m area of scrub that the previous owners had said belonged to them. They had filled it with hawthorn and blackthorn to act as a shield from the winds. I've spent time making it look much better but an elderly neighbour has said it never belonged to them. When I went back to look at the Title Plan this does not show up, but on the map the estate agent provided this has been shaded in as belonging to our property. I have requested a copy of ownership from the Land Registry and received a report that said "no registered estate, caution against first registration or application for first registration or application for a caution against first registration is shown on the index map in relation to the Property. We therefore hold no records in respect of the Property," I am embarrassed to say I've been following paperwork from the estate agent rather than the actual Title Deeds.
I would like to find the original owner to purchase the land from them - does this mean that the person who put the caution there would be the owner? Also, can I find out who has put the caution on so I can contact them about it? Finally, I've been reading that if the previous owner had been using this land as their own for so long that we may be able to claim it? Although how would this be possible if there is a caution on it?

Any help would be appreciated thank you!

As davidmcn posted there is no caution title. The result confirms the land is unregistered. 

Identifying the legal owner seems a long shot now but our blog may help although if you are going to try and claim it I’d advise not trying to identify a legal owner. 

If you go the claim route then our Practice Guide 5 explains the registration requirements 

However it’s the legal ones you need to meet first so I’d recommend getting legal advice first 

Katie2003

How do you get a secured loan which has been paid off removed from the land register.

Slithery

Get the loan company to remove it.

MumOf2

Hello Land Registry.  My sister and I are sole executors and beneficiaries of my late mother's estate.  We have received grant of probate and a firm offer for purchase of the house, and the process appears to be going through OK.  We need to transfer the property into our names and have completed AS1 and AP1 enclosing a hologrammed certificate of the grant.  I understood that if you've received grant of probate, then we don't need to provide proof of identity as this has already been proved for the purposes of the grant.  Could you just confirm this please?  Thank you.

Also, regarding time frame, the purchasers are anxious to complete as soon as they can given the current situation.  Do we need to have completed the transfer of ownership before completion?  If so, is there a way of expediting the process at what is such a busy time for the Land Registry?  Thanks again.

MumOf2

househell

hi land registry. I posted the below on a separate thread - but then saw this thread after so reposting here. I'd be  v grateful of any guidance! 

We've been in our Victorian house a while and we have use of a brick built outhouse that lies at the back of next doors garden. The outhouse lies on next doors garden but is semi detached, we access our half of  a it via  ea doorway embedded in our garden wall. 

Neighbour has just put in a planning application which would demolish the outhouse to build on the underlying land. 

I have the original house plans from 1898 showing it was always a semi detached outhouse for use by our house, but unfortunately the deeds dont mention it and it's depicted wrong on land registry documents now I've checked, they show the outhouse as being next doors as the boundary line is straight down the garden boundary.

How can I go about rectifying this, I've no idea? land registry doc is wrong, deeds dont mention it - but I've got the original house plans from 1898 and a statement from the lady we bought the house from saying the outhouse was in her use for the full 25 years she lived here (she wrote something today at my request). Thanks.

Slithery

MumOf2 said:

We need to transfer the property into our names

Why? Just sell it directly from the estate...

MumOf2

Slithery said:

MumOf2 said:

We need to transfer the property into our names

Why? Just sell it directly from the estate...

The reason is that an Estate has one CGT allowance and CGT is then paid at 28%.  On the other hand, individuals each have a £12,300 (2020/21) annual CGT allowance with CGT then being paid at 18% for basic rate tax payers and 28% for higher rate tax payers.  Neither of us pays tax so we each will have £37,500 at 18% after £12,300 allowance. 

It makes a lot of difference to our CGT bill:
Estate sells: £23,200 CGT = £11,650 each
Two beneficiaries sell: £6,350 each
So more than £5,000 saving each.

MumOf2

Slithery

Estates don't pay CGT...

MumOf2

Slithery said:

Estates don't pay CGT...

With all due respect, I'm afraid an Estate pays CGT on the difference between sale value (less selling costs) and Probate value.  It has just one CGT annual allowance.

I'm going to follow up executing a Deed of Appropriation from the Executors to the Beneficiaries (one and the same but distinguished in law).  This may just be able to be done by a solicitor (maybe the conveyancing solicitor).  This would obviate the need to go through the Land Registry.

MumOf2