Land Registry questions

madlyn

I would like to contact the Land Registry to obtain information if possible about Boundaries and a row of outhouses at the side of my property.
I have looked on the website but I am finding it confusing, there are 2 forms Official Copies Of Documents: Registration (OC1) and (OC2), which do I need to fill in? Also filling it in is confusing me as it asks for names of documents.
I want to make sure it is done correctly so if anyone could give me an idiots guide that would be very much received.
TIA 

Land_Registry

madlyn said:

I would like to contact the Land Registry to obtain information if possible about Boundaries and a row of outhouses at the side of my property.
I have looked on the website but I am finding it confusing, there are 2 forms Official Copies Of Documents: Registration (OC1) and (OC2), which do I need to fill in? Also filling it in is confusing me as it asks for names of documents.
I want to make sure it is done correctly so if anyone could give me an idiots guide that would be very much received.
TIA 

You’d start with OC1 to see what’s registered. OC2 is used to obtain copies of deeds (if any) referred to the register as being ‘filed’. 

I’m unsure what it is you are try8ng to establish so I’d suggest having a read of our Practice Guide 40 supplements 3-5 inc as appropriate. You don’t have to read it all, just the parts relevant to your enquiry 
There’s no idiot guide as boundaries is simply too wide a start point. 

madlyn

If possible I would like to find 2 things out.
1- The house nextdoor is rented and as I look down our garden the fence to the left is in drastic need of replacing, I have briefly asked the tenants if their landlord would be willing to split the cost of a new fence and all I got was "doubt it" so I would like to know who is responsible for the fence.
2- I live in a row of 5 old railway cottages and to the right of the houses are 5 outhouses. I believe that back in the day they were outside toilets, one for each property.
the very end house has new people in it and they claim that the outhouses all belong to them which I would like to find out if this is true.
I will have a read of what you have suggested.

Land_Registry

madlyn said:

If possible I would like to find 2 things out.
1- The house nextdoor is rented and as I look down our garden the fence to the left is in drastic need of replacing, I have briefly asked the tenants if their landlord would be willing to split the cost of a new fence and all I got was "doubt it" so I would like to know who is responsible for the fence.
2- I live in a row of 5 old railway cottages and to the right of the houses are 5 outhouses. I believe that back in the day they were outside toilets, one for each property.
the very end house has new people in it and they claim that the outhouses all belong to them which I would like to find out if this is true.
I will have a read of what you have suggested.

The registered details are only part of the boundary picture re who might be responsible for what. Invariably it’s more a case of who wants to do what going forward but have a read, ask neighbours to discuss/share information and understanding and go from there. 

The ownership question should be far more clear cut and the title plans will show the registered extents. My approach would be to ask the neighbour who says they own the outbuildings to let you see a copy of that proof 

AL042

Please do you know how long it's taking at the moment to update title register? My husband passed away in recently which coincided with when our 2 year fixed term on the mortgage of the house we purchased in 2018 is coming to an end. I contacted the bank to ask them to remove my husband's name from the mortgage so that i can remortgate that's when they told me that it was set up as tenants in common and not joint tenants. I have no idea why the solicitor did that and we stupidly didn't notice it before we closed. The bank needed me to apply for probate, and show proof of title change before they can remove his name. 
Until that's done, I'm now on variable rate paying 3.59% which is eye watering. Just a time frame on how long it's taking at the moment so i can do some planning. I sent off the required document beginning of April. thank you

Land_Registry

AL042 said:

Please do you know how long it's taking at the moment to update title register? My husband passed away in recently which coincided with when our 2 year fixed term on the mortgage of the house we purchased in 2018 is coming to an end. I contacted the bank to ask them to remove my husband's name from the mortgage so that i can remortgate that's when they told me that it was set up as tenants in common and not joint tenants. I have no idea why the solicitor did that and we stupidly didn't notice it before we closed. The bank needed me to apply for probate, and show proof of title change before they can remove his name. 
Until that's done, I'm now on variable rate paying 3.59% which is eye watering. Just a time frame on how long it's taking at the moment so i can do some planning. I sent off the required document beginning of April. thank you

Due to the Covid 19 impact such applications have been delayed by several weeks. 

If it’s urgent you should use our contact form to ask us to expedite it and attach a copy of your mortgage offer as evidence 

AL042

Thank you for your quick response, when you say mortgage offer, please can you confirm what you mean. I don't have a mortgate offer as we bought the house in 2018, its in both our names. I just want my husband's name taken off  so that I can remortgage with the same bank. It's all done online from my mortgage account so not sure what proof I can provide. I can't remortgage with his name still on mortgage as documents are automatically sent to his email address to sign which of course he can't. Thanks

Sally_Forth

AL042 said:

Thank you for your quick response, when you say mortgage offer, please can you confirm what you mean. I don't have a mortgate offer as we bought the house in 2018, its in both our names. I just want my husband's name taken off  so that I can remortgage with the same bank. It's all done online from my mortgage account so not sure what proof I can provide. I can't remortgage with his name still on mortgage as documents are automatically sent to his email address to sign which of course he can't. Thanks

Sorry to hear of your recent loss.
You don't necessarily need to have a firm mortgage offer in order to expedite an application. Use the contact details provided earlier and explain that it is now causing financial hardship as you can't remortgage. Provide details of probate/death certificate and it should be expedited and completed fairly quickly.
[Edit:] I have just noticed that there will be a form A restriction on your title, https://www.gov.uk/government/publications/devolution-on-the-death-of-a-registered-proprietor/practice-guide-6-devolution-on-the-death-of-a-registered-proprietor will provide information on dealing with this restriction at section 7

AL042

Thanks Sally. I already sent in form DJP with death certificate, should I have sent in RX3 instead, also reading the link mentions form ST5 the statement of truth which I didn't send in, do i need to complete that too?

Sally_Forth

AL042 said:

Thanks Sally. I already sent in form DJP with death certificate, should I have sent in RX3 instead, also reading the link mentions form ST5 the statement of truth which I didn't send in, do i need to complete that too?

You will be able to remove the name without the RX3 and ST5 but the restriction will remain.
"No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the court."
Your remortgage will be classed as a disposition and won't be able to be registered without dealing with the restriction. The normal procedure is the RX3 & ST5 mentioned in the link.