Land Registry questions

Slithery

I do apologise, I was incorrectly assuming that this was a bog-standard estate sale, not one where the value of the property had increased by £100k since probate was granted.

MumOf2

Slithery said:

I do apologise, I was incorrectly assuming that this was a bog-standard estate sale, not one where the value of the property had increased by £100k since probate was granted.

No worries!

MumOf2

Land_Registry

Katie2003 said:

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

If it’s a private loan or one from a small lender then it’s best to get the creditor to apply to remove it using forms DS2, DS1 and ID1/ID2 as appropriate 

If it’s with a larger lender then most remove it electronically and direct with us 

Land_Registry

MumOf2 said:

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

You don’t need to provide evidence of identity for those named in the probate as personal representatives/executors. 

The timing of completion is up to you/your buyer. Some may be happy to complete once it’s lodged but before it’s registered whilst others may want to wait. 

Timescales - at present several weeks I imagine due to current disruption. If that’s too long and you have a confirmed buyer then you’d need to lodge documentary evidence of the confirmed sale and a request to expedite. Expedition reduces the wait time so it’s normally considered within a week of being expedited 

Land_Registry

househell said:

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.

I’m unsure what you mean by “house plans” but it’s proof of title you need. 

If you don’t have documentary title to it, such as a series if legal deeds proving it was conveyed down the years then a house plan from 1898 is very unlikely to impact now. 

And I assume the land has been registered the way it is for many years anyway. 

If you want to claim it’s been registered wrongly and here’s the legal proof then you can make an application to update the register and lodge that proof along with form AP1
We’d then look at how both titles were registered and if an error had been made contact the neighbour to discuss further.
I should stress that it is not always  possible legally to right such an error if the neighbour and registered owner challenges the position as it’s been registered and used that way for many years.

If your seller used it for many years and you’ve done the same then it’s legal advice you need to see if you have a legal claim to it. Our PG 5 explains the registration requirements but will give you an idea of what’s needed legally 

So it’s legal advice you really need here 

househell

Thank you. We dont have proof of title as not mentioned in deeds and land registry doesn't show the outhouse boundary correctly (or at least as it has stood for at last 30 years). we have the builders house plans from 1898 - but guessing these are not legally valid. I will.look at a legal claim to it. 👍

MumOf2

Land_Registry said:

MumOf2 said:

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

You don’t need to provide evidence of identity for those named in the probate as personal representatives/executors. 

The timing of completion is up to you/your buyer. Some may be happy to complete once it’s lodged but before it’s registered whilst others may want to wait. 

Timescales - at present several weeks I imagine due to current disruption. If that’s too long and you have a confirmed buyer then you’d need to lodge documentary evidence of the confirmed sale and a request to expedite. Expedition reduces the wait time so it’s normally considered within a week of being expedited 

Thank you so much for your swift response and for the information with regard to expediting if we have a confirmed buyer.  Presumably this means when we've exchanged contracts which may be a couple of weeks away.

MumOf2

grumpypudding

Land_Registry said:

grumpypudding said:

Hello Mr Land Registry!

Ive spoken with Land Registry a few times they are great on the phone but I see now due to the Corona issues you guys are not taking calls.

So after a bit of google found this post, I wondered if you could help me with a situation I have been placed in.

I have found out that some land my grandfather owned, which has been passed through wills to myself, is unregistered.

We have the original indenture from 1871 here all 2ft by 2ft of it, and the necessary chain of wills showing my ownership, what is the process for registering the land? We do not live anywhere near the land for reference.

Ive had a brief look on the land registry and can see that a small portion of the land has a possessor title on it claimed in 2018, a whole different can of worms with this as the land is open and accessible by 3 properties so I fail to see how the people that have claimed it could have properly?

But my main concern for now is just registering the land and the process

Thanks

Dan

explains how to apply for first registration 

If the lands been inherited over the years then it needs to be transferred by the executor to the beneficiary. That will trigger the need to register so it’s a compulsory first registration 
See our  on how an executor transfers unregistered land/property to the beneficiary 
And finally if it’s been in the family for decades then you’ll need to show a chain of representation re executors from grandfather onwards. 

So for example it should be his executor that would transfer the land. If his executor has also died then it’s their executor who transfers and so on. So you’ll need to look at that chain to see who it is that has the legal authority to transfer it now. The wills don’t play a part in the registration process 

Thank you for the reply, all appears to make sense, the land in question we have an indenture dated 1925 leaving the land to my grandad and then he moved away and just forgot about it. We are wanting to sell the land on but we can not locate the deed itself with the details on, will this pose a problem with registering with the land registry? im hoping the archive centre has a copy of it but if we only hav ea copy will that be alright?

thanks!

bjwilce

Hi I was wanting to place a land registry restriction on my mum's house while applying for double probate has I had my power reserved. My sister is planning to sell the house without my agreement on the price she has probate. Can I place a restriction to stop a sale or pause a sale until my probate is granted or we agree on a sale price on the house. And could you tell me how I would go about it.
 thank
 you

greatcrested

bjwilce said:

Hi I was wanting to place a land registry restriction on my mum's house while applying for double probate has I had my power reserved. My sister is planning to sell the house without my agreement on the price she has probate. Can I place a restriction to stop a sale or pause a sale until my probate is granted or we agree on a sale price on the house. And could you tell me how I would go about it.
 thank
 you

LR Rep: for more background, see:

https://forums.moneysavingexpert.com/discussion/6133489/land-registry-restriction#latest

and

https://forums.moneysavingexpert.com/discussion/6132268/can-my-aunt-sell-my-nannas-house-without-asking-my-mum/p1