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Land Registry questions

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  • Land_Registry
    Land_Registry Posts: 6,143 Organisation Representative
    Part of the Furniture 1,000 Posts Name Dropper
    Hello! I'm in the process of buying a freehold house with an 800-year lease, dated from 1899, mentioned in the charges register. The vendor does not have a copy of the lease, and my solicitor says it should be removed from the title. How long would this process take, given the absence of the lease?

    Full thread here for more detail: https://forums.moneysavingexpert.com/discussion/6147647/victorian-house-in-sheffield-is-freehold-but-subject-to-a-lease

    Many thanks.
    At present several weeks. If there’s an urgency then the conveyancer can request expedition and it will be considered sooner, normally within 2 weeks. 
    Expedition reduces the wait time. It doesn’t remove the registration requirements so everything hinges on the application to cancel the notes lease and any supporting evidence. 
    Official Company Representative
    I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
  • Land_Registry
    Land_Registry Posts: 6,143 Organisation Representative
    Part of the Furniture 1,000 Posts Name Dropper
    Hi @Land_Registry
    My wife and I signed and sent across a SEV A form to sever the joint tenancy on a mortgaged BTL we own, to the Land Registry a few weeks ago.
    Do we get some kind of confirmation or letter from the LR once it's done?
    Yes - please bear in mind that’s unlikely to be for some weeks though due to the impact of Covid 19
    Official Company Representative
    I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
  • AnyvaluedP
    AnyvaluedP Posts: 7 Forumite
    First Post
    If a joint tenancy is severed by agreement so that the owners not hold as tenants in common is there a legal requirement to apply for a Form A restriction? I.e. is there a sanction of any kind for not doing?
    Or is it just optional?
  • Sally_Forth
    Sally_Forth Posts: 43 Forumite
    10 Posts Name Dropper First Anniversary
    If a joint tenancy is severed by agreement so that the owners not hold as tenants in common is there a legal requirement to apply for a Form A restriction? I.e. is there a sanction of any kind for not doing?
    Or is it just optional?
    As far as I'm aware there's no requirement, no sanction, entirely optional. It is worth considering though to protect everyone's beneficial interest.
  • Land_Registry
    Land_Registry Posts: 6,143 Organisation Representative
    Part of the Furniture 1,000 Posts Name Dropper
    edited 29 May 2020 at 10:09AM
    If a joint tenancy is severed by agreement so that the owners not hold as tenants in common is there a legal requirement to apply for a Form A restriction? I.e. is there a sanction of any kind for not doing?
    Or is it just optional?
    No and No. And entirely optional as we register the legal ownership. The joint tenancy/TIC relates to their beneficial ownerships and these can be split/severed in a variety of ways. That can mean a form A restriction can be applied for but by not doing so does not negate the arrangements made re their beneficial ownerships 
    So if they’ve severed, then it’s severed whether a form A is applied for or not. Applying for a form A restriction offers wider protection although only to indicate that a sole surviving legal owner can’t for example sell, mortgage or lease the property for capital monies on their own. 
    Official Company Representative
    I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
  • ladyred1
    ladyred1 Posts: 6 Forumite
    Part of the Furniture Combo Breaker First Post
    any idea of email address or contact phone number for land registry please
  • Land_Registry
    Land_Registry Posts: 6,143 Organisation Representative
    Part of the Furniture 1,000 Posts Name Dropper
    ladyred1 said:
    any idea of email address or contact phone number for land registry please
    Contact options 
    Official Company Representative
    I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
  • Hi @Land_Registry is it possible to access the charges register for properties on line as a "layman". Access to this would help rule properties in or out of my list of possibilities without having to go to the lengths of making an offer, applying for a mortgage and instructing a solicitor. 
    Thanks
  • Sally_Forth
    Sally_Forth Posts: 43 Forumite
    10 Posts Name Dropper First Anniversary
    Hi @Land_Registry is it possible to access the charges register for properties on line as a "layman".
    Thanks
    You would need to apply for a copy of the whole register for each title (and pay £3 for each title)
    https://eservices.landregistry.gov.uk/eservices/FindAProperty/view/QDSearch.do

  • Land_Registry
    Land_Registry Posts: 6,143 Organisation Representative
    Part of the Furniture 1,000 Posts Name Dropper
    Hi @Land_Registry is it possible to access the charges register for properties on line as a "layman". Access to this would help rule properties in or out of my list of possibilities without having to go to the lengths of making an offer, applying for a mortgage and instructing a solicitor. 
    Thanks
    You can check the register for registered titles/properties online 
    Official Company Representative
    I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
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