PLEASE READ BEFORE POSTING: Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.
We're aware that some users are experiencing technical issues which the team are working to resolve. See the Community Noticeboard for more info. Thank you for your patience.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Land Registry questions

Options
1228229231233234544

Comments

  • Planahead
    Planahead Posts: 20 Forumite
    Tenth Anniversary 10 Posts Combo Breaker
    Dear Land Registry
    I want to sell my property which has a restriction placed upon it by the council [in respect of care home fees] -the wording is as shown below. 

    No disposition of the registered estate is to be completed by registration without a certificate signed by the applicant or his conveyancer that written notice of the disposition was given to [NAME OF COUNCIL] [ADDRESS OF COUNCIL] being the person with the benefit of a Charge under Section 22 of the Health and Social Services and Social Security Adjudications Act 1983.
    I have been advised on other forums that this is a restriction K with no teeth and that all my conveyancing solicitors needs to do is simply to inform the council AFTER the property has been sold? Is this correct please? If so this would allow me to sell the property and continue my claim/fight with the council as I feel my parent was entitled to NHS Continuing Care. I understand that a full charging order was not put in place because my parent was a joint proprietor of the house along with myself. 
    I would be really grateful for any assistance on this point. 
    Thank you.
  • Land_Registry
    Land_Registry Posts: 6,143 Organisation Representative
    Part of the Furniture 1,000 Posts Name Dropper
    Planahead said:
    Dear Land Registry
    I want to sell my property which has a restriction placed upon it by the council [in respect of care home fees] -the wording is as shown below. 

    No disposition of the registered estate is to be completed by registration without a certificate signed by the applicant or his conveyancer that written notice of the disposition was given to [NAME OF COUNCIL] [ADDRESS OF COUNCIL] being the person with the benefit of a Charge under Section 22 of the Health and Social Services and Social Security Adjudications Act 1983.
    I have been advised on other forums that this is a restriction K with no teeth and that all my conveyancing solicitors needs to do is simply to inform the council AFTER the property has been sold? Is this correct please? If so this would allow me to sell the property and continue my claim/fight with the council as I feel my parent was entitled to NHS Continuing Care. I understand that a full charging order was not put in place because my parent was a joint proprietor of the house along with myself. 
    I would be really grateful for any assistance on this point. 
    Thank you.
    It’s not a form K restriction as you can see from the wording provided in our PG
    Its effect may be the same and follow the advice already received though
    A HSSASSA charge is usually protected by a form MM restriction - see same guide
    A charging order against one of joint proprietors has a different effect re the registered property to one against a sole registered owner. Whether it’s an interim or full won’t usually impact from a registration perspective. 
    If there are two registered owners and both are selling to a third party then providing the restriction is complied with then it is likely to be overreached and cancelled when the buyer registers their purchase with the required certificate provided. 
    So you need to confirm the wording and rely on your legal advice here. You will also be very reliant on your buyer’s legal advice as well of course.
    And I would stress that looking at the wording in isolation will rarely provide a definitive answer. We can only offer ifs buts and maybes as we won’t consider it until an application to register the purchase is submitted. We have to consider the whole application and not one aspect in isolation.   
    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"
  • Planahead
    Planahead Posts: 20 Forumite
    Tenth Anniversary 10 Posts Combo Breaker
    Dear LR
    Thanks for the response. 
    I've looked at the form MM online but I can't see anything resembling this wording in my case. The application by the council was made on RX1 'Application to enter a restriction' [I have a copy of this and earlier advice from LR [on the blog that stopped running on 30.06.20 pending a new platform, hence I can't retrieve the advice!] was that this was a 'non-standard' restriction. Also that 'interim' and 'final' order / charge did not apply as this was a  charge arising from statute.
    If there are two registered owners and both are selling to a third party then providing the restriction is complied with then it is likely to be overreached and cancelled when the buyer registers their purchase with the required certificate provided. 
    I had a joint tenancy with my parents who are both no longer alive so I am now the sole owner.
    What exactly does it mean when you say 'providing the restriction is complied with then it is likely to be overreached and cancelled when the buyer registers their purchase with the required certificate provide'? Again this goes back to the original question - does my conveyancing solicitor only have to inform the council after the property has been sold? Is that the extent of the restriction? I am reading it that my conveyancing solicitor tells the council the property is sold [via a certificate?] and with the certificate the buyer can then register themselves as the new owner with the Land Registry?  Is this correct please?
    Thank you


  • Land_Registry
    Land_Registry Posts: 6,143 Organisation Representative
    Part of the Furniture 1,000 Posts Name Dropper
    Planahead said:
    Dear LR
    Thanks for the response. 
    I've looked at the form MM online but I can't see anything resembling this wording in my case. The application by the council was made on RX1 'Application to enter a restriction' [I have a copy of this and earlier advice from LR [on the blog that stopped running on 30.06.20 pending a new platform, hence I can't retrieve the advice!] was that this was a 'non-standard' restriction. Also that 'interim' and 'final' order / charge did not apply as this was a  charge arising from statute.
    If there are two registered owners and both are selling to a third party then providing the restriction is complied with then it is likely to be overreached and cancelled when the buyer registers their purchase with the required certificate provided. 
    I had a joint tenancy with my parents who are both no longer alive so I am now the sole owner.
    What exactly does it mean when you say 'providing the restriction is complied with then it is likely to be overreached and cancelled when the buyer registers their purchase with the required certificate provide'? Again this goes back to the original question - does my conveyancing solicitor only have to inform the council after the property has been sold? Is that the extent of the restriction? I am reading it that my conveyancing solicitor tells the council the property is sold [via a certificate?] and with the certificate the buyer can then register themselves as the new owner with the Land Registry?  Is this correct please?
    Thank you


    You have also been sending DMs so I’ve responded to those. 
    I suggest that once you’ve read those and spoken to your solicitor that you update everyone with the advice given/outcome
    For the sale of completeness though re the restriction please note it states that it is the applicant (your buyer) or their conveyancer who comply with the restriction and provide the certificate 
    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. My parents each owned a 50% share of their house as tenants in common. They have both died and I have obtained the probate papers for each parent. Can I submit a single application to transfer the house to me, or do I need to file a separate application (AS1, AP1, ID3) for each parent’s share? 
  • Land_Registry
    Land_Registry Posts: 6,143 Organisation Representative
    Part of the Furniture 1,000 Posts Name Dropper
    edited 14 July 2020 at 8:30AM
    Hi. My parents each owned a 50% share of their house as tenants in common. They have both died and I have obtained the probate papers for each parent. Can I submit a single application to transfer the house to me, or do I need to file a separate application (AS1, AP1, ID3) for each parent’s share? 
    I am sorry to read of you loss. The legal ownership, which we register, passes to the surviving joint owner. So probate is required for him/her only if dealing with the property. 
    You can’t transfer or assent a half share as you always have to deal with the whole of the legal ownership. 
    So one AP1, AS1 and probate as above plus death certificate or probate for the first deceased 
    If you are both executor and beneficiary so are transferring as executor to beneficiary then you don’t need to have your identity verified. The probate issued in your name is sufficient 
    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"
  • magpie
    magpie Posts: 123 Forumite
    Part of the Furniture 10 Posts Combo Breaker
    Hi, I am in the middle of selling my late mothers property. The boundary lines are not very clear as everything has been overgrown for years and I don't know where her property ends and the neighbours begin. I have asked the very elderly neighbour and he does not know either and is not very helpful as he and my mother did not get on . Both properties were built over 60 years ago and have only been occupied by original residents. How do I establish where the boundary lines are please? Many thanks
    :wave:
  • Falafels
    Falafels Posts: 665 Forumite
    Fourth Anniversary 500 Posts Name Dropper
    Hi there again; just seeing if the application had managed to get to the 'top of the queue'! I was just wondering if there had been any progress with an application to cancel a lease, title no. HW51114.

    Many thanks for your time!
  • Land_Registry
    Land_Registry Posts: 6,143 Organisation Representative
    Part of the Furniture 1,000 Posts Name Dropper
    magpie said:
    Hi, I am in the middle of selling my late mothers property. The boundary lines are not very clear as everything has been overgrown for years and I don't know where her property ends and the neighbours begin. I have asked the very elderly neighbour and he does not know either and is not very helpful as he and my mother did not get on . Both properties were built over 60 years ago and have only been occupied by original residents. How do I establish where the boundary lines are please? Many thanks
    I would start by checking the registered title to confirm how it is registered. If unregistered then you would be reliant on any paper deeds you may hold. 
    Our Practice Guide 40 supplements 3-5 inc then provide wider guidance 
    If you require assistance in interpreting the registered or unregistered information then I would recommend finding a surveyor (RICS) to report for you. 
    And it might be prudent to encourage your neighbour to do the same as if you are looking to define where the boundary lies then involving the neighbour and securing an agreement is a ‘must have’ in my experience 
    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
    Falafels said:
    Hi there again; just seeing if the application had managed to get to the 'top of the queue'! I was just wondering if there had been any progress with an application to cancel a lease, title no. HW51114.
    It was actually completed yesterday and the register updated 
    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"
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 350.9K Banking & Borrowing
  • 253.1K Reduce Debt & Boost Income
  • 453.5K Spending & Discounts
  • 243.9K Work, Benefits & Business
  • 598.8K Mortgages, Homes & Bills
  • 176.9K Life & Family
  • 257.2K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.